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. |
