Anyone successfully sued pot head neighbors?

[Anonymous]

Anonymous wrote:Smoking inside your unit, where the smoke drifts into the next unit (like apartment buildings and townhomes) may constitute a private nuisance. Second hand smoke is a well known carcinogenic. There have been cases where one dweller has successfully sued a neighbor for excessive smoke coming into their apartment as a private nuisance and interference with enjoyment of their property. There is also a case in California of a man who smoked in his open air garage so much that the smoke drifted into the apartment upstairs and they successfully sued. It is a hard standard to meet, but it has happened.

Smoking in a common area, such as the parking lot of an apartment building, may create a public nuisance. Requiring people to walk through the smoke or having the smoke reach into their adjoining door or window if their unit is closely can qualify.

This is really venue/jurisdiction specific AND dependent on getting a sympathetic judge.

Turning this over to pot, you could make many of the same arguments, but I haven't been able to see if this has been litigated. Situation is not fun if it is happening to you. We lived next door to an insane smoker in a row house in OT and we just had to move. It was awful. My sympathies.

A friend had this happen in NY. She had to get a device of some sort that registered smoke coming into her unit. With that evidence, she threatened to sue unit owner after months of complaining. The owner finally didn't renew the lease and had a clause in new lease that smoking wasn't allowed. Not sure if pot smoke would register, however.

[Anonymous]

I wish a cigarette smoker would follow a pot smoker around blowing smoke in their face.

[Anonymous]

Most leases have no smoking and no drugs as immediate eviction

[Anonymous]

Exactly why I refuse to purchase a condo or townhome. If have a smoker nextdoor you're f'ed.

[Anonymous]

Anonymous wrote:Exactly why I refuse to purchase a condo or townhome. If have a smoker nextdoor you're f'ed.

Greater Greater Washington says single family homes are the enemy in DC and would like everyone crammed in condos with their pot smoking neighbors. More % for developers, your lungs be damned!

[Anonymous]

pot heads are nasty. stench is unbearable.

[Anonymous]

Anonymous wrote:"I don't know. You are smoking a drug. In the case of cigarettes it causes cancer. You should not have to go inside and close up all your windows because your neighbor decides he wants to get high in his house or outside. That is preventing that person from enjoying his property. Why should you have to change your habits because your neighbor is inconsiderate or does things that inversely affects their lifestyle?"

Exactly. Because society has decided that we are still going to yield to smokers' right to smoke in a way that pollutes everyone else's air. We all know about second hand smoke; we all know about carcinogens found in second hand smoke. And yet in 2021, we still yield to the smokers who subject people to their cancer causing air in multifamily housing, etc. It's not just unpleasant or a smelly nuisance- what they're doing causes real harm. If you want to talk about freedom, you need to talk about my freedom to have good air in my home- not the smoker's right to pollute it.

Well said. thanks!

[Anonymous]

Anonymous wrote:

Anonymous wrote:Would you attempt the same if you lived next door to cigarette smokers?

If there is a shared wall, there is established case law for this. Depending on where the OP lives and facts, OP may have a case.

Yup. You can sue for nuisance/tort. I am not sure why people think this is somehow wild or crazy.

[Anonymous]

Anonymous wrote:Would you attempt the same if you lived next door to cigarette smokers?

NP I would absolutely look into this. Any kind of smoke is an issue for me.