Briefing Room: smoke from next door gets in your home

Hello,

My neighbor’s guests are smoking on her property. The smoke finding its way into my home and I cannot avoid breathing it .

Do I have rights concerning this?

I am a Seal Beach Old Town homeowner

Please let me know,

Thanks

Teri

Hi Teri,

Thanks for your question.  I can certainly appreciate the desire to live in a smoke-free environment.

However, this is not really a police issue.  People have the right to smoke in their own homes and on their own property.

If your neighbor is a renter, a landlord can choose to prohibit smoking in their rental unit or restrict it to a common area.  However, again, this is a civil issue, not a matter of criminal law.

That being written, I encourage you to speak with your neighbor and ask that they restrict smoking to areas where it will not waft into your home.

The American Lung Association has some other helpful tips and information regarding second-hand smoke:  https://www.lung.org/policy-advocacy/tobacco/smokefree-environments/multi-unit-housing/secondhand-smoke-apartments.

When in doubt, remember we’re always just a phone call away.  Although this isn’t a police issue, we can always help keep the peace if you are uncomfortable talking to your neighbor.  Our non-emergency number is (562) 594-7232.

Keep your questions coming, Seal Beach!  Email us at askacop@sealbeachca.gov today.