Question

  03/27/12, 2:02 am
I moved into my current apartment in June of last year. My landlord said that the apartments are a smoke free environment. Since then my next door neighbor has been smoking and it seeps into my apartment. According to Glendale laws, my landlord should have mad me aware of smoking and nonsmoking units as well as designated areas in my lease before I signed which he failed to provide. So to get the bottom of it what measures should I take so he can terminate our lease without affecting me in any way due to his incompetence of providing any documentation when the lease was signed and not being aggressive enough with the tenant who smokes?
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United States   |   California  |  Landlord & Tenants
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Answer

Darrell York Says:

Apr 11,2012 4:51 PM

You need to double check with the Glendale Municipal Code to verify the law that specifies the landlord should have made you aware of the designated smoking areas. If this is true, then you should provide him written notice and if the situation is not remedied you may be able to terminate your lease.


Darrell York
Law Offices of Darrell J. York
27240 Turnberry Lane, Suite 200,Valencia, CA 91355
866-908-2121
http://www.djylaw.com

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Answer

Michael Riddell Says:

Mar 27,2012 12:46 PM

Without seeing your particular lease agreement, I would recommend sending your complaint about the smoking to the landlord via certified US mail (and keep a copy). There is a good chance your landlord's inaction in allowing your next-door neighbor to smoke breaches the 'warranty of habitability.' Put your complaint in writing, then I would recommend having an attorney review your Lease to see when you could terminate the agreement. ----- This information is given for legal education only. It may not work for your specific situation. It is not legal advice, and I am not your lawyer. You have to find your own local lawyer to get legal advice and help with your problem.


Michael Riddell
Law Firm of Michael A. Peters, APC
31371 Rancho Viejo Road, Suite 202,San Juan Capistrano, CA 92675
949-218-1040
http://www.mapeterslaw.com

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