People are voicing concerns that the tobacco smoke produced by neighbors is seeping into their apartments, causing annoyance, discomfort, and sometimes, illness. When concerns cannot be resolved between neighbors and building mangers through discussion, legal action may be needed.

Legal actions are sometimes settled out of court, while others lead to verdicts in favor of one of the parties.

The following are possible legal options available to you if you are exposed to secondhand smoke against your will:

• Common Law Theories. There are ways tenants can bring legal action under what is called "common law" against a landlord or against tenants who smoke. These theories include: breach of covenant of quiet enjoyment, negligence, nuisance, breach of warranty of habitability, battery, intentional infliction of emotional distress, trespass, and constructive eviction.
• Americans with Disabilities Act, Fair Housing Act, and Maine Human Rights Act. Non-smoking tenants who are afflicted with breathing disorders may use the Americans with Disabilities Act, the Fair Housing Act, or the Maine Human Rights Act to bring legal action against landlords for not making reasonable accommodations to protect these tenants from secondhand smoke in common areas or in their apartments.

Download an analysis with more detailed information on legal options of tenants and potential liabilities of landlords.

For additional information see the Apartments and Condominiums section of the Smoke-Free Environments Law Project site.