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California Renter Rights - How They Differ From Other States
Renters rights and laws vary from state to state, and you must know what is the law for tenants and landlords in your particular state in case you find yourself in a situation where you will need to know the rights on both sides. Usually, if you are a smoker you will search for an apartment that allows smoking in the apartment. However, sometimes this issue does not even come to mind when looking over a lease because you are so overwhelmed by all of the other laws, rights and issues. Unfortunately, when you do smoke in an apartment it could get into your neighbor’s apartments through a ventilation system, window, or some other means. This will certainly bother your non-smoking neighbors, as they do not want smoke in their apartment. Under California law there is nothing that can be done to prevent this from the landlord. Even though there have been a few cases presented in court about second hand smoke entering a neighboring apartment, the issue is still quite up in the air. Of course, there are numerous illnesses that can occur from second hand smoke such as cancer and heart disease, as the California Environmental Agency and some other agencies have pointed out. These findings that are being brought up by these organizations could very well sway the courts into doing something about this health hazard. If you are having a problem with second hand smoke from a neighbor in California you will need to consult an attorney on what you can do, because everyone’s situation could present a different side of the story. Unfortunately, for non-smokers, there is currently no law in California that prohibits smoking in private residences. There have been cases in other states where the landlord paid for a portion of the tenant’s moving costs, or reduced their rent because of the second hand smoke they were enduring. However, this has yet to come to California in any such way. In California if you have a smoker next door that is bothering you with second hand smoke you do not have any laws to fall back on in that state. If it is bothering you that much you should simply move to another apartment, or try to help to change the laws in the state of California. There was one particular case that was successful in California. There was a condo owner in California who successfully and lawfully got his neighbor to stop smoking in his garage, which was located directly underneath his condo where the smoke would rise up into the condo owner’s home. Therefore, there is hope for non-smokers or anyone who does not want second hand smoke in their apartment.
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