Santa Monica, CA asked in Contracts and Landlord - Tenant for California

Q: neighbors up all night smoking on our stairs that lead up & down from our apt. strangers sleeping on our porch area

It's scary cause I leave to work early I have children and don't feel safe what can I do

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1 Lawyer Answer

A: I am not clear what it is you afraid of, the smokers on the stairs, or the strangers in "your porch area."

Fist step always - negotiate. The smokers are, I assume, other tenants. You should ask them to refrain from smoking on the stairs. if that is your comlaint. If it is the hours, ask them to refrain from doing it then. If they do not comply, the landlord is the only one who can bring real pressure to bear, depending on what the lease says. However, stairways are usually "common area", in which case the landlord has the absolute right to tell them not to, and failing to obey would probably be a violation of their lease.

If the strangers are the problem, I have to ask, Is the porch area part of your rented premises? If so, you have the right to keep anyone else out, including the landlord. If, however, others my rightfully use that area, and the only problem is the sleepers, the landlord is the one with the power to do something about it.

If you are not smokers, then the real solution is to move to a smoke-free apartment. There are usually plenty of them available.

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