smoking

Get Legal Help Today

 Secured with SHA-256 Encryption

smoking

Hi,

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.

Thanks

Asked on August 18, 2016 under Real Estate Law, California

Answers:

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.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption