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  1. #1

    Default Can You Break a Lease Over Cigarette Smoke Coming Into Your Apartment

    My question involves landlord-tenant law in the State of: Washington

    Hi,

    We are living in a professionally managed apartment (on second floor) in Seattle.

    People (including Residents of the building) had been smoking right outside the building premises, near the entrance (which starts from Morning and goes till late in the evening) and it leads to cigarette smoke entering my apartment unit from the windows (located in the living room as well as the bedroom).
    I have complained about the issue multiple times to the property management team but no constructive steps have been taken.

    After complaining couple of times about the problem I didn't see even one email / notification to the residents of the building asking them to stop smoking right next to the building entrance (or follow the '25 ft' rule).

    The health for my family is my first priority and I am not ready to compromise on that just because the management is unable to do their job and provide us with healthy livable environment. Moreover I cant stand beside my apartment windows 24 X 7 shooing away smokers.

    I have also shot close to 30-40 pictures and videos proving my point (which shows residents smoking very right next to the building entrance). People are comming and smoking even during the day time even when the Property Management team is present.
    I have handed over these photos and videos to Property management team but they havent acted on thet either.

    This has been going on for close to 2 months now, and now I have decided to move out.

    Property management team is asking me to pay the lease term penalty which I don't want to pay (as they have been unable to provide us with healthy livable environment).
    Additionally, I want to sue them as I had been forced to compromise on my and my family health (for more than last 2 months) due to their negligence..
    Hence looking for guidance on how to go about it.

  2. #2
    Join Date
    Mar 2013
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    18,340

    Default Re: Unhealthy Living Conditions

    Smoking bans on the grounds of apartment complexes are legal and enforceable but I haven't found any laws that would obligate an owner to ban smoking in common areas.

    I think you'll have an uphill and expensive legal battle if you sue or break your lease over this.

    Check out the following website:

    http://www.smokefreewashington.com/a...stimonials.php

    I don't know if there's anything in there that would help.

    Maybe the solution is to keep your windows closed and the AC cranked up. Or ask management to switch you to another apartment less likely to be affected by smokers. Be prepared to pay a fee for this because you can bet they aren't going to do it for free.

    I'm not a smoker and I avoid smokers and smoking environments like a plague because second hand smoke gives me respiratory issues, too.

    Thus, it pains me to have to tell you that you might not have any legal recourse.

    But feel free to consult an attorney.

  3. #3

    Default Re: Unhealthy Living Conditions

    I found this:
    http://apps.leg.wa.gov/rcw/default.aspx?cite=59.18.060

    This seems to say that landlord should provide a healthy environment for the tenant. Right ? Or am I reading too much in between the lines ? Excerpts from the website;
    "Maintain the premises to substantially comply with any applicable code, statute, ordinance, or regulation governing their maintenance or operation, which the legislative body enacting the applicable code, statute, ordinance or regulation could enforce as to the premises rented if such condition endangers or impairs the health or safety of the tenant;"

    On health grounds do you think i will be able to break away the lease without paying any fine ? What if i go to small claim court atleast?

    Just to add up, all the apartments dont have air conditioners ! They thought Seattle is cool enough .

  4. #4
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    Default Re: Unhealthy Living Conditions

    Quote Quoting agarwalakhil1983
    View Post

    This seems to say that landlord should provide a healthy environment for the tenant. Right ? Or am I reading too much in between the lines ? Excerpts from the website;

    "Maintain the premises to substantially comply with any applicable code, statute, ordinance, or regulation governing their maintenance or operation, which the legislative body enacting the applicable code, statute, ordinance or regulation could enforce as to the premises rented if such condition endangers or impairs the health or safety of the tenant;"
    That would only apply if there was a statute or code prohibiting smoking in the common areas. I didn't find one in the state laws, you're free to check local codes for your city and county but I doubt if there will be one.

    Quote Quoting agarwalakhil1983
    View Post
    ;"

    On health grounds do you think i will be able to break away the lease without paying any fine ?
    No.

    But look at 59.18.115:

    http://apps.leg.wa.gov/rcw/default.aspx?cite=59.18

    It's a stretch but you could try calling your city health department.

    Quote Quoting agarwalakhil1983
    View Post
    What if i go to small claim court at least?
    I doubt if you'd win.

    Google secondhand smoke in apartment complexes. See if any attorney websites come up with any articles. Then contact that attorney and see if there's anything there.

    The alternative is to just pack up and leave. You'll lose your deposit and might be sued or sent to collections for unpaid rent but if there is really a health risk you do what you gotta do and deal with the consequences later.

  5. #5

    Default Re: Unhealthy Living Conditions

    I found this:
    http://app.leg.wa.gov/rcw/default.as...rue#70.160.075

    It says
    Smoking is prohibited within a presumptively reasonable minimum distance of twenty-five feet from entrances, exits, windows that open, and ventilation intakes that serve an enclosed area where smoking is prohibited so as to ensure that tobacco smoke does not enter the area through entrances, exits, open windows, or other means. Owners, operators, managers, employers, or other persons who own or control a public place or place of employment may seek to rebut the presumption that twenty-five feet is a reasonable minimum distance by making application to the director of the local health department or district in which the public place or place of employment is located. The presumption will be rebutted if the applicant can show by clear and convincing evidence that, given the unique circumstances presented by the location of entrances, exits, windows that open, ventilation intakes, or other factors, smoke will not infiltrate or reach the entrances, exits, open windows, or ventilation intakes or enter into such public place or place of employment and, therefore, the public health and safety will be adequately protected by a lesser distance.

    From the pictures and videos that I collected so far its quite evident that people / residents have been smoking within 25 ft (in fact they are within 10 ft) of the building entrances, windows that open etc. And I have multiple emails that clearly shows that Management has failed to solve the problem in spite of repetitive reminders and complaints (Management even admits that they cant police the premises 24 hours a day).
    So wouldn't that give me enough backing (to break my lease) in Small Claim court ?

    59.18.115 needs a certification from 'local government body' who will inspect the premises with regard to the specific condition (second hand smoke) which might be tough to get as during the time of inspection people might not be smoking. Right ?

    Packing and leaving might have consequences (as you described), so would not prefer to do that.

  6. #6
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    Default Re: Unhealthy Living Conditions

    Quote Quoting agarwalakhil1983
    View Post
    I found this:
    http://app.leg.wa.gov/rcw/default.as...rue#70.160.075

    It says
    Smoking is prohibited within a presumptively reasonable minimum distance of twenty-five feet from entrances, exits, windows that open, and ventilation intakes that serve an enclosed area where smoking is prohibited so as to ensure that tobacco smoke does not enter the area through entrances, exits, open windows, or other means. Owners, operators, managers, employers, or other persons who own or control a public place or place of employment may seek to rebut the presumption that twenty-five feet is a reasonable minimum distance by making application to the director of the local health department or district in which the public place or place of employment is located. The presumption will be rebutted if the applicant can show by clear and convincing evidence that, given the unique circumstances presented by the location of entrances, exits, windows that open, ventilation intakes, or other factors, smoke will not infiltrate or reach the entrances, exits, open windows, or ventilation intakes or enter into such public place or place of employment and, therefore, the public health and safety will be adequately protected by a lesser distance.

    From the pictures and videos that I collected so far its quite evident that people / residents have been smoking within 25 ft (in fact they are within 10 ft) of the building entrances, windows that open etc. And I have multiple emails that clearly shows that Management has failed to solve the problem in spite of repetitive reminders and complaints (Management even admits that they cant police the premises 24 hours a day).
    So wouldn't that give me enough backing (to break my lease) in Small Claim court ?

    59.18.115 needs a certification from 'local government body' who will inspect the premises with regard to the specific condition (second hand smoke) which might be tough to get as during the time of inspection people might not be smoking. Right ?

    Packing and leaving might have consequences (as you described), so would not prefer to do that.
    Where you live is not a place of employment.

    Buy a fan or a air filter machine.

  7. #7
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    Default Re: Unhealthy Living Conditions

    Quote Quoting RCW Sec. 70.160.020(2). Definitions
    (2) "Public place" means that portion of any building or vehicle used by and open to the public, regardless of whether the building or vehicle is owned in whole or in part by private persons or entities, the state of Washington, or other public entity, and regardless of whether a fee is charged for admission, and includes a presumptively reasonable minimum distance, as set forth in RCW 70.160.075, of twenty-five feet from entrances, exits, windows that open, and ventilation intakes that serve an enclosed area where smoking is prohibited. A public place does not include a private residence unless the private residence is used to provide licensed child care, foster care, adult care, or other similar social service care on the premises.

    Public places include, but are not limited to: Schools, elevators, public conveyances or transportation facilities, museums, concert halls, theaters, auditoriums, exhibition halls, indoor sports arenas, hospitals, nursing homes, health care facilities or clinics, enclosed shopping centers, retail stores, retail service establishments, financial institutions, educational facilities, ticket areas, public hearing facilities, state legislative chambers and immediately adjacent hallways, public restrooms, libraries, restaurants, waiting areas, lobbies, bars, taverns, bowling alleys, skating rinks, casinos, reception areas, and no less than seventy-five percent of the sleeping quarters within a hotel or motel that are rented to guests. A public place does not include a private residence. This chapter is not intended to restrict smoking in private facilities which are occasionally open to the public except upon the occasions when the facility is open to the public.
    The statute does not specifically address multi-unit residential housing, but I suspect it would be an uphill battle to try to convince a court that an ordinary, multi-unit apartment building is not a private residence. See, e.g., Kitsap County's interpretation:
    Quote Quoting Can you still smoke in apartment buildings?
    As long as the apartment is a private residence, the law does not apply - including balconies and common garden areas. However, if the rental management has an office space in the complex and employs staff, smoking is illegal in areas where staff members are working.

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