Why Landlords Should Ban Smoking

Posted over 5 years ago. Applies to New York, 2 helpful votes



Most tenants want smoke-free apartments

Only 20% of the adult population smokes


Higher Rents

Tenants are willing to pay higher rents for smoke-free apartments.


Landlord's Liability

Landlords can be held liable for tenant's health problems from secondhand smoke and fires caused by tenants smoking. There are more than 4,000 toxins and 50 cancer-causing chemicals in tobacco smoke. The 2006 U.S. Surgeon General's Report warned that there is no risk-free level of exposure to secondhand smoke and that even small amounts of exposure can be harmful to people's health. Secondhand smoke seeps through electrical outlets, pipes, light fixtures, ceiling crawl spaces and doorways into all areas of the building. Even the most up-to-date ventilation techniques and air cleaners cannot prevent all smoke from spreading.


Tenants Break Their Leases

Tenants can break their leases for breach of the warranty of habitability, nuisance and breach of the warranty of quiet enjoyment. The New York County Civil Court permitted tenants to break a lease because secondhand smoke penetrated into their apartment from another apartment. The court held that secondhand smoke was covered by the implied warranty of habitability which requires that the premises and all common areas be fit for human habitation and not subject the tenants to any condition which is dangerous, hazardous or detrimental to their life, health or safety.


Increased Risk of Fire & Damages

Cigarette smoke damages the apartment and increases the risk of fires. It may result in the need to replace carpeting, vinyl appliances, flooring, sub-flooring, light fixtures, cabinets and ceiling fans and the use of special sealants to control odors before painting.


New Laws

Proposed laws will require smoke-free apartments.

Additional Resources

Buffalo,NY Landlord/Tenant Attorneys

How To Survive Legally As A Landlord

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