Results 1 to 3 of 3
  1. #1
    Join Date
    Dec 2009
    Posts
    2

    Default Ending Lease Early Due to Chain Smoking Neighbors

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



    I live in the Bay Area, and am 4 months into a 12 month lease with a large corporate/national rental and property management company (Essex Prop. Management). I'm considering breaking my lease this month or next month, as a result of my chain-smoking neighbours.

    This complex has a firm no-smoking policy, yet my immediate neighbours smoke inside their unit, in the halls, and on the patio. I have a long history with asthma, and the smell and smoke are making life kindof difficult for me, and I can get medical documentation to confirm this. The neighbours have been fined and notified before about the smoking, but aren't going to stop anytime soon. They're also loud and have frequent parties.

    Do smoking neighbours in a non-smoking building constitute ground for breaking a lease without too much of a penalty? Does cigarette smoke count as a "noxious fume" in California? Will I need a lawyer to pursue this further or will a written complaint and doctor's letter suffice?

  2. #2
    Join Date
    Jan 2008
    Location
    Toledo, OH
    Posts
    16,307

    Default Re: Ending Lease Early Due to Chain Smoking Neighbors

    Slow down a minute.

    Have you reported their violations to your landlord/property management company? If you have, what have they said/done?

    Have you called the police about the loud parties? What has been the result?

  3. #3
    Join Date
    Dec 2009
    Posts
    2

    Default Re: Ending Lease Early Due to Chain Smoking Neighbors

    i have not personally reported it, no.

    but, i know they've been complained about by other residents, and have received 3 fines and on the fourth major complaint, they got a letter telling them they would be kicked out if it continued.
    the neighbours stopped for a week or two, and are now back at it.

    so i know the property management company is aware of the smoking situation, and has made some effort to fix that issue, but have not been successful in the 4 months i've lived here.

    additionally, my boyfriend was recently diagnosed with RA and Fibromyalgia. he is now hardly able to live in this unit, because it is not handicapped accessible. i was told by a friend in law school that the ADA covers this, and those who become disabled can terminate a lease without penalty, if the property is not accessible to them anymore.
    this is unrelated to the smoking, but is an additional factor motivating us to move.

    1. Sponsored Links
       

Similar Threads

  1. Security Deposits: Ending Lease Early Due to Safety Reasons - Can I Get My Deposit Back
    By TPOOLE85 in forum Landlord-Tenant Law
    Replies: 1
    Last Post: 02-25-2010, 09:52 PM
  2. Roommates: Ending Roommate Lease Early
    By smadasil in forum Landlord-Tenant Law
    Replies: 2
    Last Post: 04-06-2009, 03:03 PM
  3. Probation and Parole: Ending Probation Early
    By spydrplus in forum Probation, Parole and Incarceration
    Replies: 4
    Last Post: 03-14-2009, 09:58 PM
  4. Quiet Enjoyment: Pot Smoking Neighbors - Any Recourse?
    By damageINC in forum Landlord-Tenant Law
    Replies: 5
    Last Post: 09-17-2008, 08:01 PM
  5. Expungement and Sealing: Ending Probation Early
    By NickJM in forum Criminal Records
    Replies: 3
    Last Post: 06-27-2006, 08:58 AM
 
 
Sponsored Links

Legal Help, Information and Resources