Dealing With Secondhand Smoke Complaints as a Renter in Arkansas

Secondhand smoke can be a major health concern for renters in Arkansas, especially when it affects your enjoyment and safety in your home. Understanding your rights, the steps you can take, and official support options is essential if you're experiencing unwanted exposure to smoke in your rental.

Arkansas Health & Safety Laws for Renters

Arkansas law requires landlords to provide a safe and habitable home, but there isn't a specific state law that bans smoking inside private residential units. While common areas in some multi-unit buildings may restrict smoking, private units are subject to the terms of your lease and any building policies.

• Landlords must follow the Arkansas Residential Landlord-Tenant Act, which includes a warranty of habitability regarding essential repairs and basic health standards.^[1]
• Some local Arkansas cities may have additional smoke-free policies for multi-unit residential buildings.
• Landlords can include non-smoking rules in your lease or building rules. If included, these must be followed by all tenants.

If you're unsure what applies to your rental, check your signed lease and ask your landlord or property manager to clarify any rules on smoking in the building.

What To Do If You Experience Secondhand Smoke

Experiencing secondhand smoke in your rental can be upsetting, but there are practical steps you can take to address the situation without conflict.

1. Document the Issue

• Keep a dated log of when and where you experience secondhand smoke.
• Take photos or videos if safe and applicable (for example, evidence of smoke seeping under doors or vents).
• Gather supporting information, like letters from your healthcare provider if secondhand smoke is affecting your health.

2. Communicate With Your Landlord

Notify your landlord or property manager in writing about the issue:

• Describe where and when you notice secondhand smoke.
• Request that your landlord investigate and take reasonable steps, such as sealing air gaps or enforcing building smoking rules (if applicable).

3. File a Formal Complaint (If Needed)

• If your landlord doesn't respond, or if smoking is clearly violating your lease or local ordinance, you may file a complaint with the Arkansas Department of Health Nuisance Complaint Form.^[2] This form allows renters to report health and sanitation issues, including smoke nuisances, in rental properties.
• Residents of city-owned or managed rentals can also contact their municipal code enforcement office.

Form Details:
Form Name: Arkansas Department of Health Nuisance Complaint Form
When to Use: Use this form if you believe secondhand smoke is creating a nuisance or health risk and your landlord has not resolved it.
Example: If you suffer from asthma and secondhand smoke from a neighboring unit regularly enters your apartment despite reporting it to your landlord, you can file this form online with the Arkansas Department of Health.
Official Source: Report a Nuisance or Unsanitary Condition

4. Understanding the Role of the Arkansas Tribunal

There is no single dedicated housing tribunal in Arkansas. Disputes between tenants and landlords are generally handled by the county District Court in your area.^[3] You can file a claim if you believe your landlord is failing to meet their obligations under the landlord-tenant law.

What Protections Are in Place for Arkansas Renters?

• The Arkansas Residential Landlord-Tenant Act requires landlords to maintain a fit and habitable property, but does not create a blanket ban on secondhand smoke.
• Lease agreements may prohibit or restrict smoking; violating these terms can be grounds for action.
• If your health is seriously impacted or if local city codes are violated, you may have grounds to report the issue and pursue additional remedies.

For further reading, visit the Arkansas Tobacco Prevention and Cessation Program for state-wide educational resources and updates on local smoke-free ordinances.

FAQ: Secondhand Smoke & Arkansas Rentals

1. Can my landlord ban smoking in my apartment?
   Yes, your landlord can set building or unit rules that prohibit smoking, as long as these rules are clearly stated in your lease or in written building policies. If such a rule exists, it must be enforced for all tenants equally.
2. What if my lease doesn't mention smoking?
   If your lease is silent on smoking and there are no local smoke-free housing laws for your building, smoking may be permitted inside private apartments. However, you can still request additional steps from your landlord if secondhand smoke becomes a nuisance or health risk.
3. Can I break my lease if secondhand smoke is affecting my health?
   Possibly, but only if you can show that the landlord is failing to provide a habitable home as required under Arkansas law, and if all reasonable options to remedy the issue have been tried. Consult your county’s district court or a local legal aid service before taking this step.
4. How do I formally report a secondhand smoke complaint in Arkansas?
   You can file a complaint using the Arkansas Department of Health Nuisance Complaint Form if your landlord has not resolved your concern and you believe your health or safety is threatened.
5. Does Arkansas have a tenant-landlord board for disputes?
   No, Arkansas does not have a centralized housing tribunal. Tenant-landlord disputes, including those about secondhand smoke, are filed with the county District Court.

Key Takeaways for Renters

• Secondhand smoke issues are not directly covered by Arkansas law, but landlords must maintain safe and habitable housing.
• Check your lease for smoking policies and put all complaints in writing.
• If needed, you can file a formal complaint with the Arkansas Department of Health or seek legal guidance from your county’s district court.

Addressing smoke complaints involves clear documentation and communication—official resources can offer additional support if needed.

Need Help? Resources for Renters

• Arkansas Tobacco Prevention and Cessation Program – Information on smoke-free initiatives
• Arkansas Department of Health Nuisance Complaint Form
• Full Arkansas Residential Landlord-Tenant Act
• Find Your Local District Court – For rental dispute filings
• Legal Aid of Arkansas – Free or low-cost legal help for qualified renters

---

1. ^[1] See the Arkansas Residential Landlord-Tenant Act of 2007.
2. ^[2] Arkansas Department of Health Nuisance Complaint Form.
3. ^[3] See Arkansas District Courts for rental dispute resolution.

Categories

Renter Rights & Legal Protections Lease Agreements & Renewals Rent, Fees & Security Deposits Moving In: Inspections & Disclosures Moving Out & Ending a Lease Maintenance, Repairs & Habitability Health & Safety Standards Evictions & Lease Violations Roommates, Subletting & Shared Housing Discrimination & Fair Housing Laws Accessibility & Disability Accommodations Utilities, Services & Billing Affordable Housing & Rental Assistance Rent Control & Rent Stabilization Privacy Rights & Landlord Entry Security, Locks & Emergency Protections Dispute Resolution & Legal Aid Retaliation & Harassment Protections Mobile Home & Manufactured Housing Rights Special Housing Types & Situations