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I am a home owner in the city of Santa Monica. Currently there are no non-smoking
laws on private detached homes. I smoke cigarettes in my backyard. I have had no
problems until a new neighbor moved in…she slams her door and screams when I
smoke in my own backyard. As a home owner, now I have to tip toe around to do
what is legal in my own backyard. I ask if she can do anything legally to my
smoking…as I have broken no laws.
Asked on August 18, 2016 under Real Estate Law, California
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 4 years ago | Contributor
No, as long as there is no statewide smoking ban on smoking in the backyard of a private detached home--and there isn't any--then so long as you are not violating a local/municipal ordinance, which you state you are not, you may freely smoke in your own backyard. Your neighbor may not legally stop you. Unfortunately, she also has the right to slam her own door and scream when she sees smoking, so you have to put up with her distinctly odd behavior, the same way she needs to put up with your smoking.
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