Can a tenant be evicted for smoking in a building that does not prohibit smoking

Asked about 6 years ago - Eugene, OR

I live in an apartment complex that allows smoking. I smoke in my apartment. Recently new tenants moved in above me and are complaining about the smoke smell coming into their apartment. I started smoking on the balcony but they still complained. Now the landlord is saying I need to smoke outside in the parking lot and if they receive any more complaints I will have to move out. Is this legal? Do I have any rights? Can I request a mediation with the landlord and ask for the tenants to be moved to another building? Doesn't the landlord have to appease both of us or are they only obligated to the non-smokers?

Attorney answers (1)

  1. Ralph Eugene Roberts Jr.

    Contributor Level 8


    Lawyer agrees


    Answered . Many communities will have something called a "Dispute Resolution Center" or "Community Resolution Center" designed for people in your situation. While I do not practice in Oregon, I did a search and found Community Mediation Services in Eugene, Oregon. The website is: and its phone number is 541-344-5366.

    To make the mediation efficient, I would encourage you to review the lease agreement that you have with the landlord and to examine Oregon law as it relates to tenant's rights. There may be a legal clinic or legal hot-line in the Eugene area that can provide you with the legal answer to your situation before you attend the mediation.

    I hope that you found this information helpful. Good luck!

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