Laws Against Smoking in Apartments Across the USA: A Complete Guide


Laws against smoking in apartments vary across the USA. While 11 states have specific laws prohibiting smoking in apartments, landlords in other states are still legally allowed to include smoking clauses in leases. Additionally, property managers may be authorized to notify neighbors if a tenant is smoking in their apartment. In this blog post, we will explore the different laws and regulations related to smoking in apartments across the country.


Laws about smoking in apartments – Know your rights:

Laws About Smoking in Apartments

As a tenant, it’s important to know your rights when it comes to smoking in apartments. Laws vary across states, with some prohibiting smoking indoors while others allow it with certain conditions. Knowing your rights can help you make informed decisions and protect your health and well-being.

Understand your local laws against smoking in apartments:

Understanding your local laws against smoking in apartments is crucial for both landlords and tenants. It’s important to know what smoking regulations apply to your specific location, as laws can vary significantly from state to state.

Understand State laws on smoking in apartments:

Understanding state laws against smoking in apartments is crucial for tenants and landlords. Eleven states in the USA have specific laws against smoking in apartments, and other states have different regulations. Tenants and landlords need to be aware of their state’s laws to comply with the regulations and avoid potential legal consequences.

Understand Federal laws about smoking in apartments:

There are currently no federal laws prohibiting smoking in apartments. However, landlords and property managers must comply with the Fair Housing Act, which protects tenants from discrimination based on disability, including those with smoke-related disabilities.

Cigarette smoke coming into house from next door – What to do?

Exposure to secondhand smoke is a significant health risk and can be a major problem if it’s coming into your house from next door. This can be particularly challenging if the neighbors are smokers and you are not. There are several steps you can take to deal with this issue, such as talking to your neighbor, improving ventilation in your home, or contacting local authorities for help. It’s important to know your rights and options to protect your health and well-being.

A list of the 11 States with laws against smoking in apartments:

Below is the list of the 11 States with laws against smoking in apartments:

  1. California
  2. Maine
  3. Colorado
  4. Maryland
  5. Hawaii
  6. Michigan
  7. Illinois
  8. Oregon
  9. New Jersey
  10. Rhode Island
  11. Vermont

These states have specific laws prohibiting smoking in apartments, which means that tenants are protected from secondhand smoke and other harmful effects of smoking. However, it’s important to note that other states may have general laws that limit smoking in public places or multi-unit housing. It’s important to understand the laws in your state and local area to know your rights as a tenant.

Secondhand smoke in multi-unit buildings is a common problem and can have serious health consequences for non-smoking residents. Secondhand smoke can easily travel between units through shared ventilation systems, cracks, and gaps in the walls, floors, and ceilings. This can expose non-smoking residents, including children and vulnerable populations, to harmful toxins and carcinogens. Landlords and property managers have a responsibility to ensure the health and safety of their tenants, and taking steps to address secondhand smoke is essential in achieving this goal.

How to smoke in a non smoking apartment?

As smoking in non-smoking apartments is often prohibited by law or lease agreements, it is not recommended. However, if a tenant still wants to smoke, they could try using an air purifier, smoking outside, or using smokeless tobacco products instead. It is important to remember that the health and well-being of other tenants must be taken into account, and it is always best to check with the landlord or property management to determine what options may be available.

Falsely accused of smoking in apartment – How to defend?

If you have been falsely accused of smoking in your apartment, it can be a frustrating situation to deal with. You can start by checking your lease agreement to see if it includes any clauses regarding smoking. If smoking is prohibited, you can ask your landlord to provide evidence of the alleged smoking and consider requesting a smoke detector test. You can also request an inspection of your apartment to ensure that no smoking has taken place. If you are facing eviction or other legal consequences, it may be best to seek the advice of an attorney who specializes in housing law to help defend your rights.

What does no smoking on premises mean?

“No smoking on premises” means that smoking is not allowed anywhere on the property, including the interior of the building, the outdoor areas, and any common areas. This type of policy is typically put in place by property owners or managers to protect the health and safety of all tenants or visitors to the property.

Is Revenge on Smoking Neighbors Ethical?

The ethics of taking revenge on smoking neighbors can be debated. While secondhand smoke is harmful, it’s important to approach the situation respectfully and legally. Seeking solutions through communication, mediation, or legal action can be more ethical options.

How to prove tenant is smoking in apartment?

To prove that a tenant is smoking in their apartment, a landlord may need to document smoke-related damages, obtain statements from other tenants or neighbors, and conduct inspections to collect physical evidence such as cigarette butts or ash. It’s important to follow proper legal procedures and obtain evidence that can be used in court.

Can an apartment complex ban smoking outside?

Yes, an apartment complex can ban smoking outside, but it depends on the specific policies and regulations of the complex. Some apartment complexes may have designated smoking areas while others may prohibit smoking entirely on their premises, both indoors and outdoors.

Can a Landlord Evict a Tenant for Smoking?

smoking inside home law

Landlords can evict tenants for smoking if smoking violates the terms of the lease or if it creates a health or safety hazard. However, in states where there are no specific laws about smoking, landlords have less legal standing to evict tenants for smoking.


What laws protect New Yorkers from secondhand smoke in buildings?

The Smoke-Free Air Act of 2002, which was amended in 2017, protects New Yorkers from secondhand smoke in buildings, including apartment buildings. The law prohibits smoking in indoor common areas of apartment buildings with more than ten units, such as lobbies, hallways, and stairwells, and in all areas of the building, including apartments, within 25 feet of a building entrance.

What can I do if smoke enters my apartment because my neighbors smoke in common areas?

If smoke enters your apartment because your neighbors smoke in common areas, you can first try to talk to your neighbors about the issue. If that does not work, you can contact your landlord or property management company to make a complaint. If the issue is not resolved, you can also consider contacting your local health department or a tenants’ rights organization for further assistance.

What can I do if smoke enters my apartment because my neighbors smoke in their apartment?

If smoke from your neighbor’s apartment is entering your apartment, you should try to speak with your neighbor and explain the situation. If that does not work, you can file a complaint with your landlord or property manager, who may be able to take steps to resolve the issue. In some cases, you may need to contact local authorities or seek legal assistance.

What if my building does not have a smoking policy?

If your building does not have a smoking policy, you may want to discuss the matter with your landlord or property manager to encourage the adoption of a smoking policy to protect the health and safety of residents. If your landlord is unwilling to address the issue, you can check with your local and state laws to see if there are any regulations or restrictions in place that may apply to your situation.

What if I did not receive a smoking policy from my landlord?

If a tenant did not receive a smoking policy from their landlord, they can inquire about the smoking policy with the landlord or property management company. If the property does not have a smoking policy, the tenant can request that the landlord create and implement one.

What if my building owner or manager does not help?

If your building owner or manager does not help with a smoking issue in your apartment, you can reach out to local authorities, such as the housing authority or health department. Additionally, you can seek legal assistance or file a complaint with a relevant tenant advocacy organization. It is important to document the smoking issue and any communication with the building owner or manager.

Are there other policies that apply to public housing?

Yes, there are other policies that apply to public housing. The U.S. Department of Housing and Urban Development (HUD) requires all public housing agencies to have a smoke-free policy in place. This policy prohibits smoking in all indoor common areas and in all public housing living units, including those occupied by people with disabilities.

What if I have a child at home and am concerned about secondhand smoke?

If you have a child at home and are concerned about secondhand smoke, you should take immediate action to protect your child’s health. You can speak to your landlord or building management about your concerns, and ask them to enforce the building’s smoking policy. If there is no policy in place, you may consider requesting that one be created. Additionally, you can contact your local health department for information on resources and support for dealing with secondhand smoke exposure.

How can I make my residential building smoke free?

You can make your residential building smoke-free by advocating for the adoption of a smoke-free policy with your landlord or building owner/manager, educating your neighbors about the benefits of a smoke-free environment, and gathering support from tenants and community organizations. You can also explore resources and assistance from local tobacco control agencies or organizations that can help guide the process of creating a smoke-free policy.

As a building owner, how can I make my property smoke free?

As a building owner, you can make your property smoke-free by creating a smoke-free policy for your building and including it in your lease agreements. You can also post no-smoking signs in common areas, such as hallways and elevators, and educate your tenants about the risks of secondhand smoke. It may also be helpful to provide resources and support for tenants who want to quit smoking. In some cases, you may need to work with a lawyer to ensure that your policy is enforceable and legally compliant.