Torrance, CA asked in Landlord - Tenant for California

Q: Do we have any recourse if the neighbor's second hand smoke causes my husband to lose his job?

My husband and I live in an 8 unit building in Torrance, CA. I have a question.

One of the neighbors smokes weed constantly. We have complained to the management company who states that there is nothing they can do. We cannot call the police because we have to live here. And frankly to each his own. My problem is: would we have any recourse against the tenant, management company or building owner if my husband, who is drug tested for his job on a regular basis due to the aerospace industry, were to be fired for a dirty drug test due to the neighbor's second hand smoke?

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1 Lawyer Answer
Ali Shahrestani,
Ali Shahrestani,
Answered
  • New York, NY
  • Licensed in California

A: That sounds like a stretch. You may have a case against your landlord, though, for possible breach of contract for failing to stop the smoke that comes into your home. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AEesq.com. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce & Child Custody, and Education Law. This answer does not constitute legal advice; make any predictions, guarantees, or warranties; or create any Attorney-Client relationship.

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