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  1. #1
    Join Date
    May 2013
    Location
    San Jose, California, United States
    Posts
    1

    Default Downstairs Neighbor Smokes Medicinal Marijuana, Smoke Permeates My Upstairs Apartment

    My question involves landlord-tenant law in the State of: California

    I rent an apartment in San Jose, CA, and my downstairs neighbor who recently moved in smokes marijuana on a heavy nightly basis. I personally do not have a problem with them smoking, as long as it doesn't affect me and my choices for living. My roommate, on the other hand, is allergic to marijuana and has been constantly ill because of the invading smoke.

    As it stands currently, they smoke in almost any place within their apartment. When they first moved in, it was only an issue with the bathrooms, as they would turn on their fan to waft out the smoke, and the smoke would just dump into my bathroom above theirs, due to the way the fans were installed. Now, they are smoking anywhere in their apartment, and it's made it so that almost no part of my apartment goes untouched, and I have to barricade myself in and turn on all my household exhaust fans just to avoid the smoke. What's worse, summer is fast approaching, and the only forms of cooling I have is a small swamp cooler located directly above the neighbors patio, and table/floor fans throughout the rest of the house. It's getting close to a time it will be too hot to barricade inside the house, and the hours they seem most proactively to smoke are the hours which I am getting ready for bed or am already asleep.

    I have brought the issue up to my management, and the manager's response was "They have a medical marijuana card. They have rights. We can't do anything about it," and left me with no idea what I can do to fix this.

    What are my rights in this situation, and what can I do to get this fixed short of having to move into another place altogether?

  2. #2
    Join Date
    Mar 2013
    Posts
    18,340

    Default Re: Downstairs Neighbor Smokes Medicinal Marijuana, Smoke Permeates My Upstairs Apart

    Quote Quoting Kit Shane West
    View Post

    What are my rights in this situation, and what can I do to get this fixed short of having to move into another place altogether?
    Probably no rights to do anything about it except move when your lease is up.

    You live in an upside down state where marijauna is legal and firearms are ridiculously regulated.

  3. #3
    Join Date
    Sep 2005
    Location
    California
    Posts
    20,594

    Default Re: Downstairs Neighbor Smokes Medicinal Marijuana, Smoke Permeates My Upstairs Apart

    If the downstairs neighbor were smoking tobacco cigarettes, would the landlord still do nothing?

    Check your lease agreement or the rules of the apartment complex. There may already be rules that limit the location where one can smoke. If not, and your landlord is refusing to help you out, then you might want to ask to be let out of your lease and move.

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