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KJL LAW
KJL LAW, Lawyer
Category: Legal
Satisfied Customers: 752
Experience:  Attorney at law Office of KJLLAW
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Whom do I contact to find out what to do? I live in a

Customer Question

whom do I contact to find out what to do? I live in a nonsmoking apartment. The couple above me smoke (usually right outside of the door) next to where our heaters/air conditioners are? She refuses to move away from the apartment because "she has a baby".
Submitted: 10 months ago.
Category: Legal
Expert:  KJL LAW replied 10 months ago.

You should send a letter to the tenant, and notify the management or owner of the smoking and the vent issue. The tenant smoking in the non smoking building breaches the warranty of habitability you are guaranteed by the landlord. You can start an action for nuisance and breach of warranty of habitability against both the landlord and tenant in civil court. Also, call and file a complaint with your city/jurisdictions code enforcement to log a complaint and to get a record established.

Customer: replied 10 months ago.
According to the tenants she can smoke out of her door all she wants. After speaking with the landlord she stated they have to be further than 10-12 feet away from the building. He told her they were and that he measured it. It could only be possible if he measured up the wall of the building. Do you know is this true in CA?
Expert:  KJL LAW replied 10 months ago.

I don't know in California if that is the law

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