Neighbors Second Hand SMOKE entering into my apartment windows, what can I do

[moderncat]

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

 

[quincy]

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.

Thank you

Unfortunately, you do not have the right to breathe fresh air in all places in all communities, although there are some areas in some parts of the country that ARE going smoke-free. Some apartments have gone smoke-free.

If smoking is legal where the smoker lives, though, there is little you can do other than to close your windows or move to an area where your windows do not open to a smoker's property.

The legal smoker is not responsible for the increase in your electric bill if you need to have your air conditioning on or if you need to purchase fans.


PS You edited after my post.

 

[moderncat]

Unfortunately, you do not have the right to breathe fresh air in all places in all communities, although there are some areas in some parts of the country that ARE going smoke-free. Some apartments have gone smoke-free.

If smoking is legal where the smoker lives, though, there is little you can do other than to close your windows or move to an area where your windows do not open to a smoker's property.

The legal smoker is not responsible for the increase in your electric bill if you need to have your air conditioning on or if you need to purchase fans.


PS You edited after my post.

There were couple of successful lawsuits here regarding second hand smoke so I will take that route. It won't cost me anything but filing fee. I have lots of time to try change the law like Calabasas, CA
85522.7
ORDINANCE NO. 2008-239
AN ORDINANCE OF THE
CITY OF CALABASAS
REGULATING SECOND-HAND SMOKE IN MULTI-FAMILY
RENTAL HOUSING AND AMENDING THE CALABASAS
MUNICIPAL CODE

P.S. This is Southern California, land of lawsuits and healthy living. I believe all non smokers have the right to live without second hand smoke.

 

[quincy]

There were couple of successful lawsuits here regarding second hand smoke so I will take that route. It won't cost me anything but filing fee. I have lots of time to try change the law like Calabasas, CA
85522.7
ORDINANCE NO. 2008-239
AN ORDINANCE OF THE
CITY OF CALABASAS
REGULATING SECOND-HAND SMOKE IN MULTI-FAMILY
RENTAL HOUSING AND AMENDING THE CALABASAS
MUNICIPAL CODE

Trying to change the law is always an option. A lot of people all over the country are trying to do the same.

Here is a link to California's No-Smoke.org - they might be able to assist you: http://www.no-smoke.org/goingsmokefree.php?id=127

In the meantime, I suggest you get an air purifier.

Good luck.

 

[single317dad]

I believe all non smokers have the right to live without second hand smoke.

I'm inspired to start a movement to eliminate second-hand complaining. I believe I'm allergic. My symptoms include headache, upset stomach, irritability, fatigue, exasperation, high blood pressure, and stomach ulcers. I plan to sue those who complain in public for my health treatment and distress.

To be clear, I support your right to complain, I just shouldn't have to be subjected to it. Sound familiar?