Los Angeles, California
I am in a small building and 10 feet away is another apartment (two different lots and owners). My 3 windows facing that building brings in the fresh air that travels between the buildings. I live in a studio apartment. I could be lying in bed and at the same time M-F my neighbor smokes heavily in her apartment with either her windows open or with her ac blowing out the smell in her 1 bedroom apartment. I asked her and the owner of the building to do something about it. She denies its her tenant smoking and she can't smell it and she doesn't live on the property. I am allergic to smoke, I get migraines and my nose gets stuffed up. Besides that I should be able to keep my windows open.
Is there anything I can do legally? Isn't there a nuisance law? Or can I take her to small claims court so she can pay my electricity that I have to use my ac or have her pay for 3 window fans the windows facing her and window filters to filter out the outside air coming in to make sure no smoke is coming in. And continue to sue her as long as she still lives there smoking.
What are my rights to breathing fresh air.
PS to avoid such comments, My building is NO smoking. Tenants here who smoke actually walk across the street to smoke. And NO I am not moving I was here first. So please do NOT comment on those two things.
Thank you
I am in a small building and 10 feet away is another apartment (two different lots and owners). My 3 windows facing that building brings in the fresh air that travels between the buildings. I live in a studio apartment. I could be lying in bed and at the same time M-F my neighbor smokes heavily in her apartment with either her windows open or with her ac blowing out the smell in her 1 bedroom apartment. I asked her and the owner of the building to do something about it. She denies its her tenant smoking and she can't smell it and she doesn't live on the property. I am allergic to smoke, I get migraines and my nose gets stuffed up. Besides that I should be able to keep my windows open.
Is there anything I can do legally? Isn't there a nuisance law? Or can I take her to small claims court so she can pay my electricity that I have to use my ac or have her pay for 3 window fans the windows facing her and window filters to filter out the outside air coming in to make sure no smoke is coming in. And continue to sue her as long as she still lives there smoking.
What are my rights to breathing fresh air.
PS to avoid such comments, My building is NO smoking. Tenants here who smoke actually walk across the street to smoke. And NO I am not moving I was here first. So please do NOT comment on those two things.
Thank you
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