There are Laws for smoking or non-smoking in public places but if the smoke air get into your private area like home, condo unit or apartment from your neighbor's cigarette and bothered you; you may find a way to take immediate action.

 

Find out if the rental agreement contains a no-smoking clause. If it does, then the smoker tenant is violating the lease agreement and you may be able to convince the landlord to take an action and tell the smoker to stop smoking in the area or move out. But if the smoker refuses to honor the clause, it's the landlord decision to take the next step may be to evict the smoker. Especially, mostly of the neighbors are complaining the cigarette smoke, so the landlord may be more motivated to take action against the smoker. Even if the lease agreement does not state prohibit smoking, still the landlord may have rights to evict the smoking tenant if the cigarette smoke is truly troublesome and interferes other tenant to enjoy their living. Typically in rental agreement, always spell out that all tenants have the right to live quietly and not disturbing other tenant or their neighbors.  

 

But if the building or condominium unit has the conditions and restrictions in prohibiting smoking, then the homeowners' association may take legal action against the smoker.

 

Also, even if the smoker tenant doesn't live under a no-smoking restriction, still you may sue the smoker to the court for creating a private nuisance or interfere to use and enjoy your property.

Download my app today! Text RE911 to 87778 to get my free real estate app, . If you need help downloading my app, please call my Smarter Agent support team at 856-614-5423.

E-mail me when people leave their comments –

You need to be a member of REO Pro Network to add comments!

Join REO Pro Network