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Smoking in Common Courtyard

Posted by Nino Rodriguez on October 21, 1997 at 11:51:37:

Please reply directly to nino@pobox.com.

Looking for information/advice relating California/Los Angeles.

Here's the situation. We live on the second floor of a 2-story building with an enclosed, open-roof, but poorly-ventilated courtyard.

Two of our downstairs neighbors, including the people directly below us, smoke on their patios in the courtyard below our windows.

We've asked them to please smoke outside the courtyard, which is only a few yards away.

We feel this is a violation of the "nuisance" clause of our lease, similar to playing loud music, or creating another disturbance which prevents us from reasonably enjoying our living space.

Are there any laws/regulations to back this up?

We've tried talking with our neighbors first, but behind our backs they complained to the manager, and now both the manager and landlord are refusing to speak to us about the matter.

Thanks for your tips.

-Nino

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