Legal Question in Real Estate Law in California

Non-smokers rights

I have lived in a studio condo for 1 and 1/2 years. I am buying the condo. About 6 months ago a tenant (renter) moved into the unit directly underneath me. He is a chain smoker. the odor has permeated my unit apparently through small cracks in the floor and walls. The units are poorly insulated. I have discussed the problem with him. He said he would smoke outside, however, he admitted he still smokes inside. The odor is in my furniture and clothes and is affecting my health. I do not wish to move. What are my options?


Asked on 1/05/00, 2:22 am

1 Answer from Attorneys
Ken Koury Kenneth P. Koury, Esq.

Re: Non-smokers rights

It is a real longshot but you could sue him saying he has created a nuisance and maybe get a court order that he not smoke in his condo. The political atmosphere is getting more and more hostile towards these pigs who smoke.

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Answered on 1/10/00, 1:06 am


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