Second-Hand Cigarette and Marijuana Smoke In an Apartment
Tenants are usually free to break a lease if there is regular secondhand cigarette or cigar smoke in the apartment. Tenants may also be able to 1) recover medical costs from the building owner in some circumstances if the smoke caused health issues or 2) get a court order forcing the smoker to stop smoking indoors. Landlords can typically evict a tenant for smoking in the apartment. Where marijuana is illegal in the state or city, the tenant is likely in violation of a provision found in most leases that prohibits illegal activity.
Last Update : July 22, 2018 UTC