Question: I am a smoker living in a 12-unit building. The woman upstairs complains that my cigarette smoke is coming into her unit and exacerbating her asthma, so the landlord is talking about making the building nonsmoking. I've lived here 10 years, but I'm on a month-to-month lease. Can he do this? Tenants' attorney Kellman replies: The very long tenancy you have generally will not give you any extra rights over a short tenancy. As to the smoke, it is treated like any other intrusion into another person's space like noise or vibration. While smoking is a lawful activity, like playing a radio or practicing on the drums, it may be restricted when that activity substantially interferes with a neighboring tenant's use of his/her unit. Cigarette smoke is known to adversely affect health a...
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