Is secondhand smoking bothering you in your California apartment or condo? Discover your alternatives here.
Every California resident understands that living in an apartment or condo complex can be difficult, particularly when your neighbors’ behaviors interfere with your life in unfavorable ways. Secondhand smoking, like loud neighbors, is becoming a typical tenant concern. Whether you have a respiratory condition like asthma, are concerned about the health effects of secondhand smoke (especially if you have children at home), or simply don’t like the smell of cigarette smoke wafting into your apartment, there are steps you can take to try to limit or eliminate your neighbors’ smoking.
The law may be on your side depending on where you reside in California. A few localities outright prohibit smoking in multi-unit buildings, although the vast majority do not or have very minimal limitations on tenant smoking. You have some alternatives for coping with secondhand smoke, notably cigarette smoke, no matter where you live in California. For more on how to cope with marijuana smoke, go here.
Table of Contents
Examine Your Lease or Rental Contract
As nonsmoking rules grow increasingly ubiquitous (for example, in the workplace; see Cal. Lab. Codes 96, 98.6, and 6404.5), an increasing number of landlords ban smoking entirely in their rental apartments or limit smoking to shared spaces. In reality, California landlords have the explicit power under state law to prohibit or limit smoking in residential units (see Cal. Civ. Code 1947.5). If your complex has a children’s play area, the landlord is obligated by law to ban smoking within 25 feet of the area (see California Health and Safety Code 104495).
If you’re worried about secondhand smoke, one of the first things you should do is go through your lease’s smoking regulations. As of 2012, landlords are obliged to include the complex’s smoking policy in the lease, so if it isn’t there, request it in writing. (Ideally, you should have done this before signing a lease, especially if you or a member of your family is highly sensitive to secondhand smoking.)
Whether you reside in a condo, you should also check with your homeowners’ organization (HOA) to determine if your building or common spaces have smoking restrictions. Check the lease (or CC&Rs, if a HOA) for rules dealing with nuisances, since secondhand smoking might be deemed a legal nuisance in certain cases.
Check your state’s nonsmoking laws.
There is currently no statewide regulation in California forbidding smoking in private residential units such as apartments and condominiums. However, smoking is prohibited in numerous California towns and counties in private multi-unit rental homes. Cities such as Berkeley, San Mateo, and Pasadena, for example, mandate all residential multi-unit housing to be 100% smoke free. This applies to both public and private housing, and it applies to all tenants, regardless of length of stay.
Some California towns and counties may not outright ban smoking, but do have regulations prohibiting smoking in some sections of multi-unit residential apartments. Burbank, for example, has banned smoking in common residential spaces (particularly where children may be present), such as the pool, play areas, corridors, elevators, and so on. Smoking is also forbidden within five feet of any multi-unit residential building entrances. Furthermore, smoking is prohibited in private non-enclosed areas of a unit, such as a balcony or patio. Similar regulations exist in Santa Monica, Mill Valley, and Glendale.
If you live in public housing or university housing, smoking in your apartment or shared spaces is more likely to be restricted or prohibited. Many California cities (including Fresno and Pleasanton) and significant counties (including Los Angeles and San Diego) have implemented smoke-free rules in public housing. Similarly, numerous California campuses, including the University of California Los Angeles, California State University Sonoma, San Jose State University, and the University of California Davis, have implemented smoke-free regulations.
Visit the American Nonsmokers’ Rights Foundation to determine whether your city or county has a legislation forbidding or regulating smoking in private or public dwellings; this group also provides substantial resources for renters worried about secondhand smoke (as well as information on e-cigarettes and vaping). To find out whether your institution is tobacco or smoke free, go to the Tobacco Free College Campus Initiative.
Speak with Your Landlord
If you discover that your agreement or a local law forbids or limits smoking in rental properties, you should first discuss the problem with your landlord. If other tenants are harmed by secondhand smoking, check if they would join you in informing the landlord of your concerns. You should clarify the lease rules or regulations to your landlord and request that they be enforced in order to persuade the infringing neighbor to cease smoking. You may feel better at ease writing a letter or sending an email to your landlord than conversing face to face. Putting your findings in writing and asking for realistic answers may frequently solve the situation. Keep copies of any letters, emails, and notes from meetings with your landlord in case you need them in the future.
Remember to be courteous while communicating with your landlord. Explain your worries and difficulties with secondhand smoke, as well as the exact lease agreement or statute that forbids or limits smoking in your apartment building or condo complex. Give some possible solutions to the situation (such as fixing cracks in the walls or repairing faulty vents that allow smoke to drift into your home from a neighboring apartment). Please give your contact information so that the landlord may further discuss the situation with you.
Even if you have not discovered a lease term or local legislation that forbids or limits smoking on the rental property, you (and any other concerned renters) should contact your landlord, particularly if your health (or the health of another family member) is jeopardized by secondhand smoking. Maybe you can assist your landlord in establishing a smoking policy in your apartment complex. You may be able to find an acceptable solution, such as banning smoking to certain places. The American Lung Association website has a wealth of material that will assist you make your case; for example, read Smokefree Policies in Multi-Unit Housing – Steps for Success.
Your Legal Options Regarding Secondhand Smoking
If you are unable to reach an agreement with your landlord and the secondhand smoke is interfering with your life or impacting your health, you should consider moving out. Depending on the circumstances, you may be able to break your lease due to the health risks of secondhand smoking.
Depending on the severity of the situation, you may want to consider filing a lawsuit against the landlord. You may be able to assert that the secondhand smoke is a nuisance or interferes with your right to peaceful enjoyment of the rental property. Even while one California court has decided that secondhand smoking is a nuisance (see Birke v. Oakwood Worldwide, 169 Cal. App. 4th 1540 (2009)), bear in mind that these claims will be tough to win without legislation on your side.
If you merely wish to sue for monetary losses (such as dry cleaning or medical expenditures due to secondhand smoking), you might file a complaint in small claims court. In California, you may suit in small claims court for up to $10,000.
Remember that these types of cases may be expensive, time-consuming, and destructive to relationships. Before deciding to litigate, you should contact with a lawyer and assess if the hassle is worth it.
E-Cigarettes
California added e-cigarettes to the current tobacco product classification on June 9, 2016. E-cigarettes are personal vaporizers that emit liquid nicotine or other liquids and oils that the user inhales. The use of e-cigarettes is often referred to as vaping. It is vital to understand that California’s e-cigarette rules apply to all vaping products, regardless of whether they include nicotine or tobacco. All rules that apply to cigarettes or other tobacco products, such as the inability to acquire tobacco products until the age of 21 and the prohibition of tobacco on school grounds, now apply to e-cigarettes, including secondhand smoking prohibitions.