Is secondhand smoking bothering you in your Texas apartment or condo? Discover your alternatives here.
Every Texas renter understands that living in an apartment or condo complex may be difficult, particularly when your neighbors’ behaviors disrupt your life in unpleasant ways. Secondhand smoking, like loud neighbors, is becoming a typical tenant concern. Whether you have a respiratory condition like asthma, are concerned about the health effects of secondhand smoke (especially if you have children at home), or simply don’t like the smell of cigarette smoke wafting into your apartment, there are steps you can take to try to limit or eliminate your neighbors’ smoking.
The law may be on your side depending on where you reside in Texas. In several Texas communities, smoking is prohibited in some sections of multi-unit complexes. Whatever part of Texas you live in, you have some alternatives for dealing with secondhand smoke, notably cigarette smoke.
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Examine Your Lease or Rental Contract
As nonsmoking regulations grow more frequent (for example, in the workplace—Texas does not have a statewide law against smoking in the workplace, but certain localities, such as Houston, do), an increasing number of landlords prohibit smoking entirely in their rental apartments or limit smoking to common spaces. Texas landlords are not prohibited by law from prohibiting or regulating smoking in residential units.
If you’re worried about secondhand smoke, one of the first things you should do is go through your lease’s smoking regulations. If a smoking policy is not specified in the lease, inquire with your landlord. (Ideally, you should have done this before signing a lease, especially if you or a member of your family is highly sensitive to secondhand smoking.)
Whether you reside in a condo, you should also check with your homeowners’ organization (HOA) to determine if your building or common spaces have smoking restrictions. Check the lease (or CC&Rs, if a HOA) for rules dealing with nuisances, since secondhand smoking might be deemed a legal nuisance in certain cases.
Check your state’s nonsmoking laws.
There is currently no statewide regulation in Texas forbidding smoking in private residential units such as apartments and condominiums. However, at least one city, Houston, prohibits smoking in public places such as lobbies, toilets, and corridors of multi-family dwellings.
If you live in public housing or university housing, smoking in your apartment or shared spaces is more likely to be restricted or prohibited. Some Texas communities, including Austin and San Antonio, have implemented smoke-free regulations in public housing. Similarly, numerous Texas schools and institutions, including Midwestern State University, Austin Community College, and Texas Tech University, have implemented smoke-free rules.
Visit the American Nonsmokers’ Rights Foundation to determine whether your city or county has a legislation forbidding or regulating smoking in private or public dwellings; this group also provides substantial resources for renters worried about secondhand smoke (as well as information on e-cigarettes and vaping). To find out whether your institution is tobacco or smoke free, go to the Tobacco Free College Campus Initiative.
Speak with Your Landlord
If you discover that your agreement or a local law forbids or limits smoking in rental properties, you should first discuss the problem with your landlord. If other tenants are harmed by secondhand smoking, check if they would join you in informing the landlord of your concerns. You should clarify the lease rules or regulations to your landlord and request that they be enforced in order to persuade the infringing neighbor to cease smoking. You may feel better at ease writing a letter or sending an email to your landlord than conversing face to face. Putting your findings in writing and asking for realistic answers may frequently solve the situation. Keep copies of any letters, emails, and notes from meetings with your landlord in case you need them in the future.
Remember to be courteous while communicating with your landlord. Explain your worries and difficulties with secondhand smoke, as well as the exact lease agreement or statute that forbids or limits smoking in your apartment building or condo complex. Give some possible solutions to the situation (such as fixing cracks in the walls or repairing faulty vents that allow smoke to drift into your home from a neighboring apartment). Please give your contact information so that the landlord may further discuss the situation with you.
Even if you have not discovered a lease term or local legislation that forbids or limits smoking on the rental property, you (and any other concerned renters) should contact your landlord, particularly if your health (or the health of another family member) is jeopardized by secondhand smoking. Maybe you can assist your landlord in establishing a smoking policy in your apartment complex. You may be able to find an acceptable solution, such as banning smoking to certain places. The American Lung Association website has a wealth of material that will assist you make your case; for example, read Smokefree Policies in Multi-Unit Housing – Steps for Success.
Your Legal Options Regarding Secondhand Smoking
If you are unable to reach an agreement with your landlord and the secondhand smoke is interfering with your life or impacting your health, you should consider moving out. Depending on the circumstances, you may be able to break your lease due to the health risks of secondhand smoking.
Depending on the severity of the situation, you may want to consider filing a lawsuit against the landlord. You may be able to assert that the secondhand smoke is a nuisance or interferes with your right to peaceful enjoyment of the rental property. Keep in mind that without laws on your side, many claims will be impossible to win.
If you merely wish to sue for monetary losses (such as dry cleaning or medical expenditures due to secondhand smoking), you might file a complaint in small claims court. In Texas, you may suit in small claims court for up to $10,000.
Remember that these types of cases may be expensive, time-consuming, and destructive to relationships. Before deciding to litigate, you should contact with a lawyer and assess if the hassle is worth it.