Second Hand Smoke at Irvine Company Properties

[racheli]

There is recourse but it's time-consuming and I'm looking into it also. You're definitely not the only Irvine Company tenant furious about this and there are tons of tenants with IC with health problems from second hand smoke. Here are the options besides finding an attorney who would be willing to do a class action lawsuit with tenants from various Irvine Company tenants, again, something I'm also looking into this month!
Possible claims against neighbor:
Harassment; negligence; nuisance; intentional infliction of emotional distress; & a couple of others
Possible claims against Irvine Company:
1. Violating the covenant of quiet enjoyment
2. Negligence (not maintaining safe conditions & thereby causing an injury to a tenant)
3. Violating warranty of habitability
4. Check the "rules & regulations"... the newer leases in some communities have a regulation that specifically states use of tobacco cannot become a "nuisance" to other tenants or it is a violation of the lease! If that is in the lease then your neighbor is in violation of the rules & regulations. The challenge is finding out not whether that regulation is in YOUR lease but in your NEIGHBOR'S lease! However, the chances are if it's in one then it's in the other. We just renewed in Feb 2017 and it's in ours.

Yes, it's a huge hassle but if enough of us stand up and say, Enough is enough! then there will be change. Our neighbor smokes constantly and with the patio doors and windows shut this summer the heat has become dangerously high at times. Either way has caused serious health problems with Urgent Care trips. It's time for the Irvine Company to listen up.

Anyway, that's my two cents. Smokers actually do NOT have a right to smoke when their smoke comes into your home. That is a false belief. You actually are protected under the Federal Fair Housing Act as well as your lease among other things.

[Electrician4you]

Lol. I make it easy enough on myself. I have strictly a no smoking policy on the property. I can't control what my neighbor does on his property. But I don't understand why anyone would allow smoking inside or outside a unit. It stinks the place up adding to repairs.
Most smokers are litterbugs with the butts

[CSD610]

Originally Posted by Electrician4you

Lol. I make it easy enough on myself. I have strictly a no smoking policy on the property. I can't control what my neighbor does on his property. But I don't understand why anyone would allow smoking inside or outside a unit. It stinks the place up adding to repairs.
Most smokers are litterbugs with the butts

And most lanlords are naive enough to believe that those who rent do not smoke inside...

[Electrician4you]

Originally Posted by CSD610

And most lanlords are naive enough to believe that those who rent do not smoke inside...

Sure someone can slip by. The chances are pretty slim. That's why I take large deposits well over a month rent and most places now are taking larger deposits btw. Feel free to risk it. I'll freaking kill that deposit. As a former smoker I know plenty of ways to figure out or find out if you're a smoker.

[Teckeeee]

I have had this same problem at IAC and they said tough luck run your AC all the time and close the windows.

Persians below me burning incense 24/7 right below and smoking turkish cigarettes. I took my turbo fan and blew it right back on them a few times they got pissed but F them

There is a smoke free IAC property on Sand Canyon, forget the name, but I heard on Yelp people violate that too.

Sorry good luck