Tenant right smoking in backyard?

[abuomar]

What is the name of your state (only U.S. law)? California

I live in a Triplex, and the unit I live in is situated in the back of the property away from the land lord unit and his mother unit. The back yard is approximately 100 feet wide by 30 feet at the maximum width. My wife and I have been living there since 2003. We have a new born baby girl, nine month old. My landlord recently married and has a new born, a baby girl as well. Six month ago, the landlord wife complained nicely to me about me smoking my cigar during hauling the trash out from the back side of the property, I told that I will stop smoking when doing so, and since she is pregnant and I wanted to be a good neighbor I stopped smoking in back yard and start taking a walk with my dog around the neighborhood and smoke. Recently she delivered the baby and every now and then she complains by sending me emails about cigar smell around there unit and asking to stop smoking. We have no common air ducts with there units and the backyard is far away from there windows. Does she have the right to tell me to stop smoking in the back yard? Usually, I smoke in the weekend, light up and have coffee outside…

Thanks

Walid

 

[Who's Liable?]

What is the name of your state (only U.S. law)? California

I live in a Triplex, and the unit I live in is situated in the back of the property away from the land lord unit and his mother unit. The back yard is approximately 100 feet wide by 30 feet at the maximum width. My wife and I have been living there since 2003. We have a new born baby girl, nine month old. My landlord recently married and has a new born, a baby girl as well. Six month ago, the landlord wife complained nicely to me about me smoking my cigar during hauling the trash out from the back side of the property, I told that I will stop smoking when doing so, and since she is pregnant and I wanted to be a good neighbor I stopped smoking in back yard and start taking a walk with my dog around the neighborhood and smoke. Recently she delivered the baby and every now and then she complains by sending me emails about cigar smell around there unit and asking to stop smoking. We have no common air ducts with there units and the backyard is far away from there windows. Does she have the right to tell me to stop smoking in the back yard? Usually, I smoke in the weekend, light up and have coffee outside…

Thanks

Walid

Tell her to pound sand...

She has no legal authority to prevent you from smoking outside. She does however have the right to prevent you from smoking inside as long as your states LL/T laws allow it. Being a good citizen and neighbor would warrant not smoking near her unit, but not unlawful.
On the other hand, expect your lease to not be renewed...