MISmoke-Free Apartment

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Your Risks

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
   - Negligence
   - Nuisance
   - Breach of warranty of habitability
   - Battery
   - Intentional infliction of emotional distress
   - Trespass
   - Constructive eviction
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.
Other Possible Legal Action. Violation of State and Local Building Codes. Violation of State Sanitary Codes.

Want more information? Download more detailed information on legal options of tenants and potential liabilities of landlords.

For additional information, see the Apartments & Condominiums section of the Smoke-Free Environments Law Project site.