Believe it or not, you actually put yourself at risk of
legal liabilities if you are not a smoke-free property.
There are actually several ways you could be held liable
by tenants if you do not create a smoke-free policy, including:
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Common Law Theories. These are ways non-smoking tenants can bring legal
action against you the landlord or against smoking tenants under common
law. These theories include:
- Breach of the covenant of quiet enjoyment
- Negligence
- Nuisance
- Breach of warranty of habitability
- Battery
- Intentional infliction of emotional distress
- Trespass
- Constructive eviction
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Americans with
Disabilities Act and Fair Housing Act.
Non-smoking tenants who are afflicted with breathing disorders may use
the Americans with Disabilities Act and/or the Fair Housing Act to
bring legal action against landlords for not making reasonable
accommodations to protect these tenants from secondhand smoke in common
areas or in their apartments.
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Other Possible
Legal Action. Violation of State and Local
Building Codes. Violation of State Sanitary Codes. |
