Legal Question in Landlord & Tenant Law in California

Do I have a claim for misrepresentation against my landlord if I was told when I moved in and signed my lease that it was a smoke-free building and environment and that each tenant had a no-smoking clause in their lease and I have since learned that a tenant who smokes in his apartment has a lease that he singed years ago that allows him to smoke in his apartment. The representatives of the management company represented a smoke-free environment to me and it was the main reason I chose my apartment complex. The management company is not helping me get this tenant to stop so this seems to be my last resort.


Asked on 1/28/12, 12:47 pm

1 Answer from Attorneys
George Shers Law Offices of Georges H. Shers

Go to the management with your concern and the point that some tenants might leave because of such misrepresentation; point out that the smoker must have a lease that is less than one year in length and they can put in a new clause 30 days before the lease renews. It might be best to get a petition signed by several other residents so management will not solely blame you. They do not want to enforce the non-smoking rule because the smoking tenant will likely move out and no non-smoking tenant has threatened to do so.

You could sue for misrepresentation but what provable damages do you have?

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Answered on 1/28/12, 2:41 pm


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