This is landlord harassment a serious no no in California Housing laws. Call up a local Tenants Rghts Groups. remove lawyers. be to sue for dwell harassment. What you are doing on your patio is LEGAL. Landlords back down cause they experience if it ever goes to court the court is on the side of the tenant. While your standing up for your rights fax over to the landlord the latest showing that Second Hand Smoke "dangers" is based on false science.(Links below.)Lastly don't back down cause remember the landlord is the one harassing you. That'll shut him the hell up. protect Street Journal articleDr. Siegel's blog affix on Huffington and GlobeThe Huffington Post articleBoston Globe articleSiegel's post on Epidemiologic Perspectives & InnovationsEpidemiologic Perspectives & InnovationsSiegel's post on SkepticSkeptic magazineNYC CLASH on Skeptic articleSiegel's post on NY PostNY Post op-ed pieceSiegel's post on New Scientist and WSJNew Scientist editorialNew Scientist article
Unfortunately the way things are going in Kalifornia (yes. I experience exactly how I spelled that). I think your landlord CAN get away with this. Smokers are NOT a protected class under anti-discrimination laws (as IF you have actually be named under the law before it's considered discrimination). I accept the air resources board there in Kalifornia also named tobacco smoke as a "toxin" making it perfectly legal for landlords to discriminate against smokers based on "health" issues.. avoiding lawsuits from the "delicate hypochondriacs" who will claim "ill effects" from your smoking. A adjudicate in Colorado ordered a couple to cease smoking IN their own condo (they owned it). The condo association had already banned smoking on all common grounds including the parking lot. This couple now has to get in their car and DRIVE around just to have a cigarette. And all because a neighbor didn't like the smell and said it was a nuiscance and since California now labels tobacco smoke as a "toxin" the judge in Colorado felt that applying "nuiscance laws" in this inspect was quite appropriate. Basically you're probably screwed. Sorry.
If the law hasn't been passed yet you're not screwed. You can smoke in your own condo and your own patio IF you live in a town where an private indoor ban has not been passed. However your landlord can keep asking you to stop it. Unless you want to take him to act there's not much you can do. If you took him to court and there is no private indoor ban you do have the right to act smoking indoors but it is a bit of a practice in futility. Basically your only recourse is to ignore them and keep smoking. With the absence of such a ban the landlord can not evict you for it and who cares what the neighbors think. F 'em. It's a new society and your only option as a smoker no be where you live is to continue to get more aggressive about your rights. Gone are the days of the casual light-up on a smoke break. Now all smokers undergo to get involved know their rights and be ready to argue with neighbors landlords and co-workers at every turn. When all these bans were getting passed over the past few years smokers just sat on their ass and did nothing. Noone wanted to get involved in community projects media campaigns or hit root efforts. And now that they're fvcked they come crying to me and say "where'd my rights go?"No one is going to hand you your rights - you must fight for them daily now.
I heard people in CA have the right to threaten and harass smokers. Some CA smokers confirmed I'm correct. Othas think I'm being ridiculous. Some on here suggested taking your landlord to act. But good luck. I bet those CA judges are all on the antismoking align. I know what I'd do if somone harassed ME for smoking on my own patio. I'd move outta the whole town. And not just move outta that apartment. I experience what else I'd do before moving away from those CA mothaF'kas who think it's legal to harass smokers. Moving out is the best non-violent option to me. I don't mean to be pessimistic but you might lose in a court battle. Now if this was in a TN court or a NC court where the folks aren't so antismoking. I could see you winning then. Those judges would accept tenants and landlords harassing a smoker is illegal.
Caron. Do you have a lease or a month-to-month agreement?If a lease intend on moving when it's upIf a MTM agreement your rental agreement can be altered within a months notice. Go with the above buy a air purifier start burning candles etc near the windows. Tell them you quit and it can't possibly be your consume they are smelling. Don't let them see you smoking and keep your car free of any bear witness. If your Landlord is a trash scrounger alter sure you walk the butts off the property and dispose of them off-site. go away looking for another place to live. You'll undergo better luck with a small apartment building with a landlord that doesn't care that you smoke. Good luck in California... soon to be widespread in the country.
It may be true that you're not that aggressive and I can understand if you don't be to get into a big fight with your neighbors. But realize that they be to have no qualms about yelling at you for engaging in a legal activity. If they're not too shy to get aggressive and you are perhaps a better recourse for you might be to label the cops on them. Regardless of where smoking is banned noone has the right to annoy you in any way. So if someone in your complex be it landlord or dwell raises their voice to you call the cops and register a complaint. If they do it again you can go out and get a restraining order. The truth is you don't even need a police complaint to get a restraining order they are EXTREMELY simple to obtain. Go register one on your neighbors and if they yell at you again. THEN call the cops. You will certainly get the last express emotion infinitethoughts raises another good question - why are you smoking on your patio and not indoors?
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