Tenant Tip: Secondhand smoke in apartments

Smoke-free housing signNinety-two percent of renters in Washington State have indicated that they prefer smoke-free housing. As a response to more landlords choosing to convert their buildings to smoke-free properties, the Washington Department of Health created some helpful resources for landlords and tenants to make this change, called SmokeFreeWashington.com.

Living in an apartment building where the smoking policies are not clear or are not enforced can be frustrating at best. The landlord-tenant laws do not specifically address smoking policies. These policies are generally included in a rental agreement. If a landlord has designated the property as smoke-free, then they would be responsible for enforcing the policies that are in place. However, it can be frustrating when those policies aren’t enforced and there is secondhand smoke in a non-smoking building.

Our Tenant Services website has some tips and suggestions for working with roommates or neighbors in these situations on our Roommates & Neighbors webpage.

In order to make a policy change in an apartment or rental unit, as with any rule change, a landlord must provide at least 30 days’ written notice to tenants who have a month-to-month agreement (where there is no fixed time period connected to the contract). With a lease agreement which has a fixed time period attached to it, such as one year or six months, a landlord cannot make any policy or rule changes during the lease period. However when the lease term is up, for example at the end of the one-year contract, a landlord can institute a policy change such as converting a building to non-smoking.

If you would like to talk to your landlord about smoking policies, or if you are a landlord considering a change, check out these videos, sample letters and resources related to making your building smoke-free: www.smokefreewashington.com. The e-learning course for landlords, owners and residents provides information about the business and health benefits of going smoke-free, and how to do so. The course includes easy-to-use sample downloadable documents to support the implementation process.

If you are a person with a disability and experiencing health problems as a result of secondhand smoke, you may consider contacting a local civil rights office to ask about Fair Housing laws and requesting a reasonable accommodation. For information on how to contact your local civil rights office, see our Renters’ Resources page.

For more information, check out the resources available on our Tenant Services website on Rental Agreements, Rule Changes and Neighbors & Roommates. You can also call our Tenant Services Line to speak with a tenant counselor about brainstorming ways to resolve your situation. The phone number is 206.694.6767 and the line is open for messages on Mondays, Wednesdays and Thursdays from 10:30am-4:30pm.

The tenant information contained in this article or linked to the Solid Ground Tenant Services website is for informational purposes only. Solid Ground makes no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to its website. Solid Ground cannot act as your attorney. Solid Ground makes no representations, expressed or implied, that the information contained in or linked to its website can or will be used or interpreted in any particular way by any governmental agency or court. As legal advice must be tailored to the specific circumstances of each case, and laws are constantly changing, nothing provided here should be used as a substitute for the advice of competent counsel. Solid Ground Tenant Counselors offer these tenant tips as generalized information for renters. People with specific questions should call our Tenant Services hotline at 206.694.6767  Mondays, Wednesdays & Thursdays between 10:30am and 4:30pm.

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