Legal Question in Real Estate Law in California

Tenant's rights against smokers...ruining my apt!

My husband and I are living above a tenant who constantly smokes. It comes up through our floors and carpet, in through our ventilation system, and even our clothes smell like smoke. We both have severe allergies and even with 2 air filters running constantly, we are unable to get a handle on it and have considered moving because of it. We love this apartment, and it's perfect except for this big problem! Do we have any recourse, or should I start looking for a new place to live?

Thanks for your prompt response.


Asked on 3/20/00, 2:23 am

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

Re: Tenant's rights against smokers...ruining my apt!

The law is a little behind in this area. I think smoking should be subject to the death penalty but currently, no court is going to tell someone they cant smoke in their own home. You better find another place.

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Answered on 3/25/00, 5:23 pm


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