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CA landlord tenant law, landlord's duty to provide new tenant smoke free unit

The place we rent in Long Beach was inhabited by a smoker prior to moving in. The walls were painted and the blinds were change. After moving in, the smell was more noticeable. We had the vents cleaned and the ceilings painted by the owner's workers. It still smells of smoke when the AC is turned on. We moved in when the AC was not as needed. Now that we need the AC daily, the smell is really bugging us. What are are rights and options?

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Attorney answers (1)

Reputation Level 10
The answer would depend on various factors. Was this advertised as a smoking or non-smoking unit? Were you aware of the previous smoker tenant? Is the existing smoke smell too severe such that it is affecting habitability? What does your lease say or not say in this situation? Either way, you should complain to the landlord, in writing, to see how they might accommodate you.

Nothing contained herein shall be construed as specific legal advice, and is provided as general information only. Comments are provided for educational and informational purposes only and should not be utilized without our express written permission. Our practice is generally limited to administrative, state and federal courts in the State of California, United States of America. No attorney-client relationship is express or implied by any aspect of this response. Please consult with your attorney for specific advice.
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