If I live in a non-smoking apartment complex and the smell of marijuana is getting into my apartment, what can I do?

UPDATED: Jan 18, 2011

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If I live in a non-smoking apartment complex and the smell of marijuana is getting into my apartment, what can I do?

Mariuana smoke smell is getting into my apartment through vent in my bathroom. I live in a nonsmoking apartment complex so no smoking is allowed even inside your apartment. I do not know how I can prove that it is getting in since I have no witnesses, I live alone. What can I do and what kind of legal action can I take?

Asked on January 18, 2011 under Real Estate Law, California


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

The easiest thing may be to contact the police and tell them that someone seems to be smoking marijuana in your building. They will investigate and unless it's a permitted use (e.g. I believe medical marijuana, with a prescription, is legal in CA), they will take action. Otherwise, try telling your landlord--the landlord may then take action. Only if neither the police nor the landlord will take action will you get into a situation of having to potentially take legal action on your own, in which case proof would be an issue. If you get to that, consult with an attorney with landlord-tenant experience, who should be able to advise you as to the ways--and cost--to vindicate your rights.

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