Legal Question in Civil Litigation in Washington
Smoking
I am downstairs in an apartment complex. I smoke on my porch in back. My neighbor upstairs, who has no porch and who is a stranger to me, has come across aggressively and asked me to step around the complex to smoke. I am tired of this uppity attitude when I am doing a courtesy for her by not smoking on my own porch. Can she take me to court and claim any legal rights? Can I just ignore her?
1 Answer from Attorneys
Re: Smoking
WA has this new rule about no smoking within 25 feet of a door or window. Whether or not this applies to an apartment complex is probably up to the apartment management. If they want to make the complex smoke free they will be applauded by the state for doing so.
Your neighbor would have a hard time suing you and recovering damages.
Your landlord, on the other hand, can require that you not smoke within 25' of your neighbor's doors or windows, and that you stop doing it within 10 days or vacate.
So, arguably you could lose your housing over this, so ignoring her is probably not the way to go.
Hope this helps you sort it out. Elizabeth Powell
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