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Neighbor smoking and noise, landlord won't do anything, what can I do?

Los Angeles, CA |

I have an old apt with a small adjoining backyard, & my kitchen window hangs over onto the neighbors side. A new tenant moved in, who doesn't work & smokes & plays loud music in the yard. I am allergic to cig smoke. My apt reeks of cigarette smoke, because she smokes under my window, even with the window closed it drifts in. I spoke to her about it and how it affects my health. Her parents pay her rent and my landlord is making $$ off her. She said she rented the apt so she could smoke in the yard & she wasn't going to stop or lower the music, then she said "what are you going to do about it tell the landlord" sarcastically, because she knows he won't do anything about it because of the $ he is making. I work out of my apt & I can't afford to move. What can I do I don't want a war. Help

Attorney Answers 2


  1. Do not peremptorily assume the landlord will do nothing about your complaint. Talk to him. If you are a good and long standing tenant, believe me he will listen. Keep in mind, the landlord is responsible to all of his tenants' actions on the premises if they interfere with another tenant's quiet enjoyment.

    If your landlord fails to resolve your problem, you have several remedies which include withholding some of your rent or terminating the lease. All remedies are highly fact dependent, so you must familiarize yourself with the rights and liabilities that flow with each remedy. The easy way to do this is consult with a knowledgeable attorney in your area.


  2. I completely agree my Mr. Easlick.

    In addition, if the landlord is unable or unwilling to help, you have additional oprtions.

    Since the City of Los Angeles has strict rent control, you should also contact the Los Angeles Housing Department for advice and information on how to handle the situation:

    http://lahd.lacity.org/lahdinternet/

    You should see if local law enforcement or the housing department will assist you in speaking with the tenant and gaining access or use a free landlord tenant mediation service.

    http://www.scmediation.org/programs/community-mediatoin/

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