What rights do I have if my apartment neighbor is smoking marijuana and the smell is entering my apartment? To preface this, I'm looking specifically for California Law. I'm aware that medical marijuana is legal in the state of California, and am wondering if any other laws apply, similarly to tobacco laws. One of my neighbors, although I don't know which one, smokes marijuana on a regular basis. Almost every night, I can smell it. I've identified that the smell appears to be coming down through my kitchen vent, as the smell always originates from the kitchen area, and is strongest near the vent. There does not appear to be any smell in the hallway, so my guess is that a downstairs neighbor is smoking and attempting to ventilate their apartment via their kitchen vent. I've contacted my landlord already, who has informed me that there is not much he can do aside from sending out a notice to everyone "reminding everyone that smoking of any kind is a violation of the lease agreement," and that he cannot identify who is smoking, or where the smoke is coming from. He told me that he especially cannot do anything because medical marijuana is legal. So, my question is: is there anything I can do short of moving out (I don't really want to move out)? I've read a little on tobacco laws, and, although tobacco is legal, allowing tobacco smoke to travel between apartment units may breach the habitability requirements. Is there any such precedent for marijuana cases?
There are nuisance lawsuits and constructive eviction arguments--you can check with your local attorneys and perhaps tenants' rights organizations for detailed information. Just because marijuana is legal under state law (if certain steps were followed) does not mean that your landlord or another tenant can interfere with your use and enjoyment of your home. Civil consequences--such as a court order to the smoker to stop smoking, money damages, or a partial abatement of your rent until the smoking stops--may be achievable. It is important to follow the rules for your jurisdiction closely when starting a legal action, so you should talk to an expert in your jurisdiction if you want to pursue legal action. But where possible, most people deal with this kind of thing by moving.
Is this illegal? YES Is there any specific law for this? YES: Section 20 of the Narcotic Drugs and Psychotropic Substances Act, 1985 says, inter alia, this: Whoever, in contravention of any provision of this Act or any rule or order made or condition of licence granted thereunder,-- [...] (b) ... possesses ... or uses cannabis, [...] shall be punishable,-- (ii) where such contravention relates to sub-clause (b),-- (A) and involves small quantity, with rigorous imprisonment for a term which may extend to one year, or with fine which may extend to ten thousand rupees, or with both... Note that these are maximum sentences, and that Section 2 includes ganja in its definition of cannabis.
This varies depending on the specific law of the state or locality involved. In New York, the word &quot;POSTED&quot;, along with the name and address of the owner is sufficient to notify people not to intrude, and anyone ignoring such a sign is technically trespassing (although, in practice, if such a person leaves the property when asked, did no damage, and appeared honestly ignorant, it is likely that no legal action would be taken). In California, as specified by penal code section 553 (quoted in the linked answer) a sign for this purpose must include: the words “trespassing-loitering forbidden by law,” or words describing the use of the property followed by the words “no trespassing.” in letters at least two inches tall, and follow other specifications in the law. The word &quot;Posted&quot; is neither required nor sufficient, although the law calls land with such signs &quot;posted property&quot;.
england-and-wales Usually, and assuming the smoker is aged 18 or over and there are no aggravating features, an arrest is not always necessary as what's referred to as &quot;simple possession&quot; is dealt with proportionately either by a: Cannabis Warning Which is: a non-statutory disposal. It can be used as a proportionate response to dealing with offenders found in possession of small amounts of cannabis. It is an informal warning, administered by a police officer, to adults found in possession of small amounts of Cannabis, consistent with personal use. ... First offence, no aggravating factors - Cannabis Warning; Second offence, no aggravating factors – PND (see below); Third offence – arrest. Or, a: Penalty Notices for Disorder (PND): You’ll be asked to sign the penalty notice ticket. You won’t get a criminal conviction if you pay the penalty (usually £60, but may be £90) You can ask for a trial if you disagree with the penalty notice. You’ll get a bigger fine if you don’t ask for a trial but don’t pay the fine.
Is entry into the yard subject to 24 hour notice? Most likely it is. Note that section § 47-8-3 defines both dwelling unit and premises. The latter encompasses the term &quot;appurtenances&quot;, which the Black's Law Dictionary defines, inter alia, as &quot;an adjunct; an appendage; [...] garden [...]&quot;. At least in the context of fenced backyard, the fact that § 47-8-3 defines dwelling unit and premises separately does not exclude &quot;premises&quot; from the scope of § 47-8-15. That is because the fence is &quot;a structure [...] or part of a structure [...] that is used as a home, residence&quot;. Indeed, the existence of the fence suggests that the backyard is intended for only that tenant's exclusive use/enjoyment, with the implications it has on tenant's privacy.
While I don't like agreeing with a landlord, you are in the right here. Your tenants do not have the right to access the property now they have moved out. If they were still living there things would be different and it would be reasonable for them to fix minor damage (to preserve their deposit). They did not do so. Get the damage fixed professionally, keep all reciepts, and take it out of the deposit.
If you buy a house, you can generally rent out a room in the house, unless in that jurisdiction there is some law against renting rooms in houses (that's actually a condition in my neighborhood, one widely ignored). If it's legal to rent (lease) a room, it is generally legal to sub-lease that room – as long as that's allowed under the original lease contract. I have never heard of a jurisdiction that has a blanket prohibition against subleases. So as far as the actual question goes, the answer is, "yes". The links are about something a different, namely rent control law in San Francisco, and the question of whether a tenant can be evicted from a rent-controlled unit because the owner wants to move in to the unit. Owner move-in eviction requires a specific procedure for giving notice, and the links are about these requirements. Conceivably, though, the question could be whether a person can buy a house that is being rented out, do a proper owner move-in eviction, and then lease a spare room. The SF rent laws require a good faith intent to move in and use as the primary residence for 3 years, and nothing prohibit subsequently leasing a room. Those laws pertain to evictions, not re-rentals. (It should be noted that once eviction under section 37.9(a)(8) has been carried out on a unit in a building, no other unit in the building can ever be so recovered. That could mean that the room in the house could never again be recovered, if it is considered to be a separate "unit" from the "unit" that is the whole house).
The issue is more likely that there is no law or regulation allowing the use of dogs to sniff passengers in the US for matters not related to crime, whereas Dubai, a monarchy, has a different political system. In general, you have the constitutional right to move about in the U and the right not to be unreasonably seized, a right which may not exist in some other jurisdictions. That right can be restricted in accordance with law, but there has to be some such law. It is not a crime to have covid, or to travel while infected (it is a crime to carry bombs and drugs on a plane). One area where there is some restriction is where there always has been a restriction, namely entry into the US. There is (was) covid screening at certain airports for flights from certain countries. This directive indicates the airport restrictions, but does not explain what screening will take place. The above DHS site says that &quot;the passenger will be asked about their medical history, current condition, and asked for contact information for local health authorities. Passengers will then be given written guidance about COVID-19 and directed to their final destination, and immediately home-quarantine in accordance with CDC best practices&quot;. It is not clear whether a mandatory temperature check without even reasonable suspicion of a crime would constitute an unreasonable search (body searches are subject to higher standards than property searches, it seems), and constitutional law surrounding searches has emphasized the primacy of privacy in search law, not the fact of physically entering property of the body. Some airlines and airports offer voluntary temperature checking, so it might be possible if someone has a covid-sniffing dog to offer voluntary sniff testing, especially if it is offered by a private concern and does not have the appearance of government mandate (which would require a law).