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CalAttorney2, Lawyer
Category: Real Estate Law
Satisfied Customers: 10244
Experience:  I am a civil litigation attorney with experience representing HOAs, homeowners, businesses and others in real estate matters.
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Our apt. complex went smoke free the first of the year and

Customer Question

Our apt. complex went smoke free the first of the year and now requires all residents to smoke at least 25 feet from the building. With the restriction, they did place a picnic table out in the parking lot to be used for smokers. My question is, can they force tenants to sit out in the direct hot sun without cover?? This complex houses 55 and over in one bldg. , and 62 and over or disabled in the other. I am 60 yrs old, a diabetic, and take perscriptions that warn against direct sunlight. I have purchased a 10 x 10 canopy cover for over the picnic table. Can they threaten us with eviction if we use it?? I sure hope you can help. Hope to hear from you soon. Sincerely, Gail
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  CalAttorney2 replied 1 year ago.
Dear Customer,I am sorry to learn about the changes in your complex's rules.While there is no statute or case law to support a position entitling you to erect a cover or canopy over the smoking area, if the landlord/management went far enough to place a picnic table for you to utilize while smoking at the designated distance from the buildings, they may be willing to allow you to place your canopy as well.I would recommend contacting them and making your request, then getting (or confirming) any approval in writing. If you are unable to reach a satisfactory resolution with the landlord through a direct negotiation/request, you can attempt mediation with them. Most communities have landlord/tenant mediators and often a third party neutral can help you reach a "mutually agreeable resolution" when two parties are at an impasse. Your local bar association can give you referrals.

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