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Can You Be Sued?

By allowing smoking in your units, you may be actually putting yourself at greater risk for legal liability.  More and more courts are ruling in favor of tenants harmed by drifting tobacco smoke.  There are several ways you could be held liable by tenants if you do not have a smoke-free policy in place, including:

  • Common Law Theories. (These are avenues non-smoking tenants can bring legal action against you the landlord or against smoking tenants under common law) 
  • Breach of warranty of habitability
  • Breach of the covenant of quiet enjoyment
  • Negligence
  • Nuisance
  • Battery
  • Intentional infliction of emotional distress
  • Trespassing
  • Constructive eviction
  • Some individuals with disabilities may also bring complaint against landlords under:
    • Americans with Disabilities Act
    • The Federal Fair Housing Act