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Ask CalAttorney2 Your Own Question
CalAttorney2, Attorney
Category: Landlord-Tenant
Satisfied Customers: 10244
Experience:  I am a civil litigation attorney with experience representing both landlords and tenants in residential and commercial property disputes.
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What can be done in a no smoking building where 1 tenant smokes

Customer Question

What can be done in a no smoking building where 1 tenant smokes heavily every day and fills the apartment with family members who smoke heavily too, including weed, which caused an at risk child to cough so hard she spit up blood. The next day the 10 year old child, with congenital heart disease, was hospitalized at Lurie Children's for 4 days and the tenants continue smoking both cigarettes and weed which is causing everyone lack of sleep because they smoke all night long. The child is not able to sleep even with oxygen on. The child has a large oxygen tank in her apartment as does the tenant smoking who smokes with oxygen on. The offending tenants were given a letter giving them 10 days to stop all smoking 24/7 or eviction will start; that was a week ago. Eviction can take months. Can that process be sped up? Lurie Children's Hospital gave the child's parent's a letter to give the landlord demanding eviction of the smoking tenants.
Submitted: 1 year ago.
Category: Landlord-Tenant
Expert:  CalAttorney2 replied 1 year ago.
Dear Customer,I am sorry to learn of this situation.If the landlord refuses to actually enforce the no smoking rules in the building (does not evict the tenant - following a notice of violation and the tenant's continued refusal to comply), then you can sue the landlord for breach of contract (your own lease agreement), and a breach of the "warranty of quiet enjoyment".The landlord is violating their obligation to provide you with a safe and quiet environment, and is failing to enforce the rules for the property (the restrictions placed on the tenants in the building designed to protect the welfare of all inhabitants). The landlord can either take further action (follow through with a notice of eviction and then evict the offending tenant), or you can sue the landlord and force them to do so.

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