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[quote=Anonymous][quote=Anonymous]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.[/quote]

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. [/quote]

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