Your Risks
Believe it or not, you actually put yourself at risk for legal liability if your property is not designated smoke-free. There are several ways you could be held liable by tenants if you do not have 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.
- 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, Fair Housing Act, and Maine Human Rights Act. Non-smoking tenants who are afflicted with breathing disorders may use the Americans with Disabilities Act, the Fair Housing Act, or the Maine Human Rights 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.
Want more information? Download more detailed information on legal options of tenants and potential liability of landlords.