California | Landlord & Tenant Law
3/21/11, 12:40 pm
Legal Question
My new upstairs neighbor is a heavy smoker. Smoke comes through our ventilation system. My son and daughter both have asthma. The manager asked the new tenant to smoke outside. She said by law she cannot make a person not smoke in their apartment. Since they found nothing wrong with the HVAC unit and venting system, do I have any right to keep complaining to the management? It seems like if there is something that prevents us from living in a relatively healthy environment and makes our apartment smell, that we could take legal action.
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