Up In Smoke
Published on February 02, 2022
Jane, an Alameda renter, awakens one night to the acrid smell of smoke. She begins to cough uncontrollably, as her asthma kicks in. Frantically, she leaves her bed and begins to inspect her home to make sure nothing is burning. The only clue she finds is that the smoke is strongest in her bedroom, near the wall she shares with her neighbor.
The next day, she notices the same odor throughout her apartment. Unsure of what else to do, Jane goes to her neighbor’s apartment and knocks on the door. The smell of smoke is stronger than ever as her neighbor Cristiano answers the door. Politely, Jane asks if he is smoking in his unit. He says, “We’re just having some smokes and a few drinks, it’s all good.” The next day, Cristiano’s smoking continues. Jane’s cough is still happening.
What can Jane do? A few things, actually.
In the City of Alameda, smoking is prohibited inside all rental units – and also in shared common areas, such as lobbies and shared yards or patios.
There are other rules, too:
- Landlords are required to post no-smoking signs in common areas and entrances; and to include a lease provision that bars smoking. They also must notify applicants of these rules.
- The rules apply to smoking anything: cigarettes, cigars, marijuana, vaping, etc.
If any of these rules are violated, there are things you can do. First, talk to the person who is smoking and let them know about the laws. This will sometimes resolve the issue then and there. If the landlord is not following their rules, reach out and let them know.
If the violations persist, you can bring a case in small claims court. The court can assess damages. The City’s Code Enforcement Division or Police Department may also enforce these rules in certain cases.
After a few awkward conversations and heated emails, Jane was able to convince Cristiano that it wasn’t worth the fight – and he found a way to do his smoking far from the apartment building.
*If you have a question about the law or a complaint in the City of Alameda, contact us at 510-747-4775, or email to rfenix@alamedacityattorney.org. The Alameda City Attorney’s Prosecution Unit enforces the law and educates the public on issues including tenants’ rights, workers’ rights, and consumer protection.
(The names and facts have been changed, but this story is similar to cases we have handled.)
By: Rico Fenix, Paralegal, Alameda City Attorney’s Office