Q: My downstairs neighbor & all his meth buddies smoke ALL day long. In the morning my apartment smells like an ash tray.
I do NOT smoke. When I moved into my unit the apartment downstairs was empty for my first 3 months. What does the law in the state of California say about my having to inhale all of this second hand cigarette & illegal substances smoke. Warm air rises.
THANK YOU.
A:
Were you aware that they smoked before you signed a lease? Check your lease for any reference to smoking or disturbances by a neighbor. If you were aware that they smoked before you moved in, and you cannot tolerate it, you only recourse may be to more out.
If you were not aware that your building was not smoke-free, you should contact the landlord. Very politely tell him that your neighbors are cause a health hazard not only to you but also to the other tenants. The smoking interferes with your "quiet enjoyment" of your apartment, and would constitute a violation by the landlord of your lease, entitling you to move out on reasonable notice. If you are on a fixed-term lease, you should give 30 days notice and then try to find a replacement tenant. Breaching your lease requires the landlord to exert reasonable efforts to find a replacement. If he does, and cannot replace all the money he would have obtained from you for the balance of the lease, he is entitled to come after you for his out-of-pocket loss. When you find a new place, look for a smoke-free building!
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