How do I secure my rights to clean air in my apartment building?

Question

What are my tenant rights to break my lease? (I live in San Francisco)?
I entered a 1-year lease on the basis it was a non-smoking building, but many other tenants smoke. I complained to my manager and he immediately posted no smoking signs around the building and sent a notice letter to each tenant that no smoking's allowed in tenants' units and building's common areas. The tenants ignored the letter and continue to smoke and it's been negatively affecting my health (eye irritation, congested chest, difficulty breathing). The smoking's so bad, I bought an air purifier and weatherstripped my door to help clean the air. However, the common area's so congested with bad air I feel sick everytime I enter the building. I've made another complaint to my landlord that the smoking hasn't stopped and I'm awaiting his response.

If smoking's banned in the building, why do people smoke anyway? Anyway, if people don't stop smoking and the landlord fails to do anything about it, then I need to

I want to stay in my apt and don't want to create conflict between myself and other residents. I just think it's unfair that people smoke in their units even thought their lease agreements clearly state that it's a non-smoking building. What are my options to facilitate positive change so that I breathe in a smoke-free environment in my building?

I don't care if people smoke because it's their right. I care about what's stated in my lease agreement.

For my case, the Tenant-Landlord Lease Agreement stated that I'd be living in a non-smoking building". IF people had read their lease agreements, they should follow it. People have a choice where to live. I chose a place that's a non-smoking building, but people are violating their lease agreements.

Answer 1

Well first, there generally is no right to clean air.

All the stuff about your health, does not matter, it is their home too, so you don't have a real claim there.

However the real question is how enforceable is the sign. Do all the tenants by living in the building agree to follow the rules or are they just guidelines. Is their something in your lease that says that everyone must obey those signs and things. If you can prove that the other tenants signed a contract that says they would obey the rules of the building (and it has to say that those posted signs count as rules) by the landlord not enforcing the rules he is breaching the contract and you may have an action against him.

Answer 2

so sad scared alone......i feel so lost and helpless at this time cause need to get out of this awful unhealthy place management staff cant be any ruder unconsidered mean cold uncaring were getting all the other units smells into our unit so much second hand smoke who knows what else our lungs are getting poison from have 2 little babies here every day and night that I keep the fans on them at all times we have windows open 24/7 its so hot moving is so very expensive and not easy task for a poor woman all alone with 2 little baby boys believe me eagerly desperately looking very hart for something better looked at a lot of places where the rats were not even happy surely were not only people with the problem its just so many smokers in texas plus this place is build incorrectly for that to happen so very unsanitary unhealthy to be smelling everything from other apartments even when their using the restroom every time so sick and you can hear and smell everything I emptied my master closet cause all my clothes stuff stinks not my apartment anymore its not even me anymore were being slowly and surly poisoned here I cry every day this is so unfair to pay close to a 1000 every month to slowly die a miserable dead were getting sick we also have to close the second bedroom in the winter just around the corner now since its an icebox we already had a few nippy nights this week with all the windows open as we have been all summer since the smoke comes through all the vents and air condition so many buildings here could make some completely smoke free such an easy solution this is just not right nor fair I cry for all children in the world that are locked in cars and homes being forced to smoke breathing in second hand smoke .... so cruel child abuse lets but a stop to this I can feel their agony every day my heart and lungs hurt lea [e-mail]

Answer 3

I think you need to look a lot deeper for the source of your problems. Your supposed health issues and incessant sniveling are a result of your self-centered and self-indulgent obsessions.

Smokers are NOT your problem.


As to your lease, you certainly have grounds to break it. But expect the owner to have an attorney on retainer, so you will need one also. I think it would be very difficult for the owner to enforce the no smoking clause. He's have to PROVE that someone is smoking then take LEGAL ACTION against his own tenants.......not likely.

Answer 4

Wah wah wah. Get a freakin' life dude. You don't like it, I'm sure your landlord will welcome your move. You San Franciscans seem to think the world revolves around you and guess what, it doesn't!! Smoking is still legal, no matter how hard you people try to ban it.

I am a non-smoker but I respect other peoples right to smoke.

Answer 5

I hate people like you. I could have guessed you lived in SF before you said it. Quit your whining. I really doubt you are having difficulty breathing because some people in your building are smoking. You need to grow up. You can't always have your way. Maybe all you queers should just get your own island, then you could all get married andgive eachother AIDS.

Answer 6

Ask a pro bono lawyer if you don't have the money to pay for one. The manager is breaking a law or you might be able to say it is not a livable environment. If it is in writing, they are in trouble.

Answer 7

There is nothing you can do but move.

Coach

Answer 8

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