Cigarette smoking in apartments? Any laws on it?

[Maureena]

So the guy that lives upstairs is always smoking and somehow whenever he is smoking the smell basically goes right to my room where my 20 month old son and I sleep. (he usually smokes at night when he gets home i assume).

Is it wrong for me to bring it up to the landlord? Or do they have a right to smoke where ever even though the smell comes into my place?

Also when he actually does smoke outside his balcony, he throws the cigarette butts into my little yard, so whenever i go outside i have to basically pick up ever single cig butt before my son picks them up.

Is there any smoking laws for apartments in california?

 

[Coors]

The law in California has banned smoking in public places but left enforcement to local jurisdiction. The fact you have a small child could work in your favor. There is a state law on the books that makes it a finable offense to smoke with a small child in the car at the time. It may serve you better to find out what laws are locally enforced. If the lease signed stipulates non-smoking then take it up with the landlord.

An immediate option is to get industrial type tape and heavy plastic putting it over the vent. If you don’t get acceptable resolution you may want to look in your state for the directory that lists smoke free tenant residential apartments. Another solution would be to buy a air filtering system for the bedroom, and send the receipt to your landlord, the venalation must be terrible in your building.

 

[Linda]

if there is no law there should be. there should be a law made to close down the cigarette makers. but of course we all should never we allowed to breathe clean air ,or people in your family waste all their money on those filthy nasty things, that kill your lungs,and heart...you may just have to move.. sorry!!!! good luck

 

[TStone]

you should talk to there landlord or apartment manager . there a health risk for small children. some disease can be passed on by the Silvia and germs left on a cigarette butt. many rental properties are smoke free. They did this because of the extra cost it take to get the stains and smell out when there re-rented/leased to the next people. The butts are concerted litter.. you can contact the police and have a warrant filed . there is a fine of up to $500 and he must clean them up or pay the cost to clean them up. you should contact you local police about laws on littering. there a health hazard for small children than may pick the up and put them in there mouth. Start with talking to you landlord . stop picking them up or take pictures ..the more there are on the ground the better case you have. this web sight may be able to help you out .

 

[ninjacrumb]

As for the smoking, I doubt it. As for the butts, he should be asked to refrain.

 

[Meg]

It is at the landlords disgretion-

 

[queenbee1]

he has the right to smoke as long as hes paying rent but as far as the butts on the ground you should contact your landlord asap you have a young child and you pay rent for that space that hes throwing his stuff where i live there are a few apartments that have no smoking bands but again its all on who owns the place im with you i would hate that as a non smoker

 

[kozmic]

Unless the signed lease states "no smoking" a tenant can smoke in his rented space. That includes balconies or patios. Butts carelessly or intentionally thrown on your balcony are different. Talk to your landlord @ it. If you're worried @ your son inhaling smoke, either close the window or put a window fan in the little guy's window with the exhaust blowing OUTWARD.