Someone somewhere on the floor of my apartment building is smoking cigarettes in their unit and it is filling the hallway AND my own unit with cigarette smoke.
I get the worst headaches from cigarette smoke and plus its like..... Just because you want lung cancer doesnt mean I do..... You can stop smoking but I cant stop breathing.
So I was just wondering if it is illegal to do this and if it is something I can call the landlord or police about?
2007-01-21 10:52:52 · 8 answers · asked by supermonkey081 2 in Politics & Government ➔ Law & Ethics
I live in Los Angeles if that makes any difference.
2007-01-21 10:54:29 · update #1
Not illegal.. but might be against the lease. Check your lease, if it is, call your land lord.
also, you might want to check out this site: http://smokefreeapartments.org/
Its a listing of smoke free apartments in california.
2007-01-21 10:58:46 · answer #1 · answered by Anonymous · 2⤊ 0⤋
Landlords can definitely prohibit smoking in apartments, interior spaces AND exterior spaces. Although there is no law prohibiting smoking in private residences, all California landlords owe a variety of duties to their tenants, including: the implied warranty of habitability and the implied covenant of quiet enjoyment and smoking is covered by this. Under the implied warranty of habitability , which is part of all California residential agreements and leases, a landlord guarantees that the premises are and will remain habitable and that can mean smoking if landlord chooses it to be. You are dealing with landlord's family in their complaint so you have to abide by it.
2016-03-29 08:05:03 · answer #2 · answered by Anonymous · 0⤊ 0⤋
It depends on the lease. Some apartment complexes have both smoking and nonsmoking rooms. Go check with your landlord.
2007-01-21 11:00:41 · answer #3 · answered by insipid.enculturation 2 · 0⤊ 1⤋
It's not illegal. Check your lease and see if it says anything aobut smoking. Then check with your landlord anyway and see what he'd suggest.....besides moving. I doubt if your neighbor will quit smoking because YOU don't like it.
2007-01-21 11:04:10 · answer #4 · answered by Anonymous · 0⤊ 0⤋
It's probably not illegal since it isn't a public area.
However it could be a violation of the lease. Check your lease and see what recourse you may have.
2007-01-21 11:14:28 · answer #5 · answered by tfedge 3 · 1⤊ 0⤋
In general, no. It is possible that your building does not allow smoking, in which case you can file a complaint. Otherwise there's really nothing you can do.
2007-01-21 11:00:38 · answer #6 · answered by Anonymous · 1⤊ 0⤋
Like grandma sez, smoke goes up like in the clouds not in someone elses lungs.
Get for real woman, tobacco started this country and built them roads and apartments where u live.
I dont think smoking is causin your headaches, it probably is the carpet in your apartment which is worser to breath than cigarettes.
I think they have the right to smoke, this is America and that is what freedom is for.
U need to get some flonase and saline your nose and quit blaming smokin.
2007-01-21 10:59:29 · answer #7 · answered by sunflare63 7 · 0⤊ 4⤋
It would depend on what the rules were for your apartment building.
2007-01-21 11:16:10 · answer #8 · answered by Anonymous · 0⤊ 1⤋