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:
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???- Negligence
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???- Breach of warranty of habitability
???- Battery
???- Intentional infliction of emotional distress
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???- 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.
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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.
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