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:
||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
- Breach of warranty of habitability
- Intentional infliction of emotional distress
- Constructive eviction
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.
Legal Action. Violation of State and Local
Building Codes. Violation of State Sanitary Codes.