Secondhand Smoke Complaints: Maryland Renters’ Rights Explained

Secondhand smoke can pose serious health risks—especially in apartment complexes and multifamily housing. If you’re a renter in Maryland dealing with smoke drifting into your home, you have important rights and options. This guide focuses on handling secondhand smoke complaints in Maryland, outlining the steps to take, which forms and laws are relevant, and where to turn for help.

Your Right to a Safe and Habitable Home

Maryland law requires landlords to provide rental homes that are safe, healthy, and meet basic living standards. Secondhand smoke, especially when it consistently drifts from a neighboring unit or common area, may violate these health and safety standards.

Is Secondhand Smoke Covered by Maryland Law?

Currently, there is no statewide Maryland law that bans smoking in private rental housing. However, landlords must adhere to the Maryland Real Property Code § 8-211 (Implied Warranty of Habitability)^[1]. This means your rental must be fit for living and comply with all housing codes—and landlords must address conditions that pose risks to health or safety.

• Multifamily & public housing may have specific no-smoking rules—ask your landlord for your building’s smoking policy.
• If secondhand smoke makes your home unfit or causes health problems, you may have grounds to request repairs or other action from your landlord.

What to Do if You’re Affected by Secondhand Smoke

If smoke from another unit is entering your home, it’s best to act promptly and document the issue.

• Document dates and times you’re exposed to smoke, and note any health reactions.
• Take photos or short videos if you can show smoke entering your space.
• Gather copies of your lease and any building smoking rules.

Informing Your Landlord

Start by alerting your landlord or property manager in writing about the smoke problem. Be specific about how the issue affects your living conditions and request a resolution.

• Some landlords have a designated form (check your lease or building website).
• If not, send a dated letter or email explaining the issue, suggesting solutions like sealing gaps, installing air filters, or enforcing building policies.

Using the Official Tenant’s Complaint Form (Baltimore City Only)

For Baltimore City residents, you can submit a ‘Tenant’s Complaint Form’ directly to the city’s Code Enforcement office. This form allows renters to report health or safety issues, including persistent secondhand smoke. Find the official Tenant’s Complaint Form here.

• When to use: If your landlord is unresponsive or refuses to address repeated complaints about smoke infiltration.
• How to use: Fill out the form and attach any documentation. Submit it to the Baltimore City Health Department Environmental Inspection Services.
• Example: Jane, a renter in Baltimore, documents several incidents of secondhand smoke drifting into her apartment, affecting her child’s asthma. After her landlord does not address her written complaints, she files the form with the city.

Outside Baltimore City, contact your local county health department or code enforcement office to report unhealthy living conditions. See Maryland’s Smoke-Free Home Law resources.

Maryland’s Dispute Resolution & Tenancy Board

The Maryland District Court’s Landlord and Tenant Division handles rental disputes, including cases where a landlord fails to uphold habitability standards. Tenants can request rent escrow or seek other remedies if secondhand smoke makes the unit unsafe or uninhabitable.

How Rent Escrow Can Help

If the problem persists and is severe—meaning it causes health risks or violates local codes—you may petition the court to pay your rent into escrow until repairs or changes are made. Use the official ‘Petition in Action of Rent Escrow’ (DC-CV-083):

• Petition in Action of Rent Escrow (Form DC-CV-083)
• When to use: After notice to your landlord and reasonable time to fix the issue, if the home remains unhealthy due to smoke exposure.
• How to use: Complete the form, attach supporting evidence (complaints, photos, medical documentation), and file with the District Court.
• Example: Mark’s repeated requests to fix smoke leaks go unanswered. He submits the rent escrow petition so the court can decide if his rent should be held until his apartment’s air is safe.

FAQ: Renters’ Rights Regarding Secondhand Smoke in Maryland

1. Can my landlord ban smoking in my building?
   Yes. Landlords can establish no-smoking policies as part of a lease, provided they apply the policy fairly and notify tenants in writing.
2. What if there is no no-smoking policy, but secondhand smoke is affecting my health?
   Even without a formal policy, your landlord must provide a habitable living environment. Persistent smoke may violate your health and safety rights. You can notify your landlord and seek city or court intervention if the problem is severe.
3. Which forms do I need if my landlord won’t act?
   Baltimore renters can use the Tenant’s Complaint Form for code violations. Any Maryland renter may use the Petition in Action of Rent Escrow (DC-CV-083) if health or safety is at risk and the landlord doesn’t respond.
4. What should I include when reporting secondhand smoke?
   Document every incident, communicate in writing, and provide supporting evidence like photos, doctor notes, and correspondence with your landlord.
5. Will filing a complaint affect my ability to renew my lease?
   It's illegal for a landlord to retaliate against tenants who exercise their legal rights, including reporting health and safety concerns. Familiarize yourself with protections in the Maryland Real Property Code § 8-208.1 regarding retaliation.

Conclusion: Key Takeaways for Maryland Renters

• You have the right to a safe, habitable home—secondhand smoke issues may be covered under Maryland habitability laws.
• Start by documenting the issue and communicating clearly in writing with your landlord.
• If your landlord does not act, use official complaint forms or seek help from your local health department or the Maryland District Court.

Addressing smoke complaints can take time, but knowing your rights and using official channels strengthens your position and helps protect your living space.

Need Help? Resources for Renters

• Maryland District Court Landlord-Tenant Self-Help (official tribunal for rental disputes, including rent escrow)
• Maryland Attorney General – Landlord/Tenant Rights FAQ
• Baltimore City Environmental Inspection Services (Tenant complaints and code enforcement)
• Maryland Dept. of Health: Smoke-Free Home Law (Guidance and policies)
• Maryland People’s Law Library (Plain-language legal resources for renters)

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1. Maryland Real Property Code § 8-211 – Read the full text here
2. Maryland Real Property Code § 8-208.1 (Tenant protection from retaliation) – See details

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