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by Caron
on Thu Nov 15, 2007 11:46 am |
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| Does anyone know what my rights are in Los Angeles in an apartment building? Can the owners enforce a ban and force me to quit unless I move? They have already banned smoking from the common areas and suggested they may do this. I am living in a nightmare. I have been yelled at, harassed, and threatened for smoking on my own patio although I have tried to cut my smoking in half, and try to smoke when certain neighbors are not home, or early in the morning and late at night... It is extrememly stressful just to come home. |
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Caron
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Location: Los Angeles
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by infinitethoughts
on Thu Nov 15, 2007 6:36 pm |
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infinitethoughts
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by Lynda F
on Fri Nov 16, 2007 10:24 am |
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Unfortunately, the way things are going in Kalifornia (yes, I know 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 believe 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 judge 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 case was quite appropriate.
Basically, you're probably screwed. Sorry. |
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Lynda F
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by BWilliams
on Fri Nov 16, 2007 10:36 am |
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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 court, 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 continue 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 matter 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 have 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 grass 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. |
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BWilliams
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by Jay
on Fri Nov 16, 2007 11:19 am |
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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 court. But good luck. I bet those CA judges are all on the antismoking side.
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 know 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 agree tenants and landlords harassing a smoker is illegal. |
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Jay
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by infinitethoughts
on Fri Nov 16, 2007 1:45 pm |
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Well here's my final 2 cents. Rereading my response I didn't take into account your neighbors.
Two things you can do. 1) Do what Bill suggested, which is what Bill and I would do, but you may be less aggressive, and that's fine. 2)For the time being, buy a purifier and smoke indoors.
I say for the time being, because I definitely see change coming in a good way. The lies that they are spouting is catching up with them.
Let me repeat that. Their lies are catching up with them, and that'll be their downfall. |
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infinitethoughts
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by gilster
on Fri Nov 16, 2007 1:58 pm |
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Caron, Do you have a lease or a month-to-month agreement?
If a lease, plan on moving when it's up
If 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 smoke they are smelling. Don't let them see you smoking and keep your car free of any evidence.
If your Landlord is a trash scrounger, make sure you walk the butts off the property and dispose of them off-site.
Start looking for another place to live. You'll have 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. |
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gilster
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by Junge
on Fri Nov 16, 2007 2:16 pm |
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I've been through LA several times. What strikes me most is that anyone could ever compalin about a single smoker's smoke in this polluted, smoggy cesspool of humanity.  |
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Junge
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by BWilliams
on Fri Nov 16, 2007 5:47 pm |
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infinitethoughts wrote: Two things you can do. 1) Do what Bill suggested, which is what Bill and I would do, but you may be less aggressive, and that's fine. 2)For the time being, buy a purifier and smoke indoors.
It may be true that you're not that aggressive, and I can understand if you don't want to get into a big fight with your neighbors. But realize that they seem 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 call the cops on them.
Regardless of where smoking is banned, noone has the right to harass you in any way. So if someone in your complex, be it landlord or tenant, raises their voice to you, call the cops and file 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 file one on your neighbors and if they yell at you again, THEN call the cops. You will certainly get the last laugh.
infinitethoughts raises another good question - why are you smoking on your patio and not indoors? |
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BWilliams
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by twillercat
on Fri Nov 16, 2007 11:36 pm |
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| Most of the smokers I know have drunk the kool-aid to such an extent that they smoke only outdoors, even if they live alone. |
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twillercat
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