Complaints about smoking in the building

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Zman

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In general the question is regarding how much reasonable accomodation one has to make towards a tenant that insists that the unit below them is causing her concern because of second hand smoke.

We have tenants that smoke and do not smoke. All tenants are aware of this and because all tenants have were aware of this and all have been tenants for over 7 years, we are suprised by the sudden efforts to use the concern for smoke for various upgrades and improvements.

We have provided the tenants below a high end air filter (healthmate), and the tenant never complained about other tenants who smoke too (across). We believe we have made reasonable efforts, short of telling the tenants who smoke you have to stop.

How much can tenants push this, because obviously as a landlord we see this as trying to get upgrades. Case in point, the recent request for a new carpet, because of all the smoke smell in the unit should require us to replace the carpet.

It is somewhat frustating, since the tenant has friends who smoke outside, but for some reason is using the tenants below as the problem.

The tenants below no longer use their heater because they are afraid that for some reason the air, can get into the flue (common air pipe) and works its way above. They purchased electric heaters from a near by home improvement store to compensate.

How does one handle this?

Thanks
 
I will say that you MIGHT have an issue with California law (the land of fruits and nuts as I call it- no offense to you) but as a rule your tenants are asking for too much. I'm amazed that the tenants below were kind enough to not use the heating system and to buy space heaters. Send them a letter telling them to politely forget it. The carpet doesn't have enough smoke smell in it to require that you replace it. They are being ridiculous.
 
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