California Renter Rights - How They Differ From Other States
Renters rights and laws vary from state to state, and you must
know what is the law for tenants and landlords in your particular
state in case you find yourself in a situation where you will need
to know the rights on both sides.
Smoking in Your Apartment
Usually, if you are a smoker you will
search for an apartment that allows smoking in the apartment.
However, sometimes this issue does not even come to mind when
looking over a lease because you are so overwhelmed by all of
the other laws, rights and issues. Unfortunately, when you do
smoke in an apartment it could get into your neighbor’s
apartments through a ventilation system, window, or some other
means. This will certainly bother your non-smoking neighbors,
as they do not want smoke in their apartment.
Under California law there is nothing that can be done to prevent
this from the landlord. Even though there have been a few cases
presented in court about second hand smoke entering a neighboring
apartment, the issue is still quite up in the air.
Of course, there are numerous illnesses that can occur from second
hand smoke such as cancer and heart disease, as the California
Environmental Agency and some other agencies have pointed out.
These findings that are being brought up by these organizations
could very well sway the courts into doing something about this
If you are having a problem with second
hand smoke from a neighbor in California you will need to consult
an attorney on what you can do, because everyone’s situation
could present a different side of the story.
Unfortunately, for non-smokers, there is currently no law in California
that prohibits smoking in private residences.
There have been cases in other states
where the landlord paid for a portion of the tenant’s moving
costs, or reduced their rent because of the second hand smoke
they were enduring. However, this has yet to come to California
in any such way. In California if you have a smoker next door
that is bothering you with second hand smoke you do not have
any laws to fall back on in that state. If it is bothering you
that much you should simply move to another apartment, or try
to help to change the laws in the state of California.
There was one particular case that
was successful in California. There was a condo owner in California
who successfully and lawfully got his neighbor to stop smoking
in his garage, which was located directly underneath his condo
where the smoke would rise up into the condo owner’s home.
Therefore, there is hope for non-smokers or anyone who does not
want second hand smoke in their apartment.