Michigan Renters: Dealing with Secondhand Smoke Complaints

Secondhand smoke can have a real impact on your comfort and health as a renter in Michigan. If smoke from a neighbor's unit, balcony, or a common area is affecting your living space, it is important to know your rights, how to address the situation, and what Michigan law says about it. This guide explains the process, from approaching your landlord to formal complaint options—helping you make informed, effective decisions.

Understanding Your Rights as a Michigan Renter

Secondhand smoke is a common concern in shared rental buildings. Michigan does not have a state law that bans smoking in private residences or apartment units. However, many leases and property management policies include non-smoking clauses or rules to protect tenants. Additionally, landlords have a duty to keep rental properties “fit for the use intended,” which can include addressing nuisances like secondhand smoke under the Michigan Truth in Renting Act.^[1]

Common Lease and Building Rules

• Some leases include a non-smoking provision—review your lease agreement carefully.
• Buildings may have policies restricting or banning smoking, especially in common areas.
• If you rent with a housing subsidy or live in public housing, stricter smoke-free rules may apply (see MSHDA's Housing Choice Voucher program for details).

Addressing Secondhand Smoke: Steps to Take

If you are exposed to secondhand smoke in your rental home:

• Document when, where, and how often smoke enters your unit.
• Take photos or keep a log showing smoke infiltration.
• Check your lease and building rules for any relevant provisions.
• Politely communicate with your neighbor, if you feel safe doing so, to make them aware of the impact.
• Notify your landlord or property manager in writing about the issue. Explain how it is affecting your health or enjoyment of your home and request a solution.

Using Official Michigan Forms

• Tenant Complaint (Form EQP5993): This form is used for reporting housing conditions to the Michigan Department of Health and Human Services—mainly for issues such as poor air quality, mold, or other habitability concerns. While not designed solely for smoke complaints, you may use it if secondhand smoke indicates a possible ventilation or air quality problem.
  How to use: Submit the completed form to your local health department. Example: If smoke from a neighboring unit makes your indoor air unsafe, fill out this form detailing your health concerns and provide evidence.
  Download the Tenant Complaint Form (EQP5993)

Landlord Duties and Legal Protections

Michigan landlords must keep rentals up to code and safe. If your lease includes a no-smoking rule but your landlord doesn’t enforce it, or if you experience significant harm or loss of use, you may have the right to request repairs, an end to your lease, or other remedies under the Truth in Renting Act.^[1]

If the issue is severe and not addressed, you may be able to take further action through Michigan’s District Court landlord-tenant division, which oversees rental disputes.

Filing a Formal Complaint or Taking Further Action

Should informal attempts fail, renters can:

• File a complaint with the local health department if smoke affects “habitability.”
• Use the District Court for habitability or nuisance claims if unresolved (filing forms available here).
• Contact housing authorities if your unit is part of a government-assisted program.

Relevant Tribunal: Michigan District Court

The Michigan District Court is the official body that handles residential landlord-tenant disputes throughout the state.^[2]

FAQ: Michigan Secondhand Smoke Complaints

1. Can my landlord ban smoking in my Michigan apartment?
   Yes. Landlords can include non-smoking rules in leases and may prohibit smoking in units and common areas. Check your lease for details.
2. Is secondhand smoke considered a legal nuisance in Michigan rentals?
   Secondhand smoke may be considered a nuisance if it interferes with your use of the rental, especially where lease or building rules prohibit it. Discuss concerns with your landlord and document everything.
3. How do I file a formal complaint about smoke in my apartment?
   Start by documenting the issue, then notify your landlord in writing. If unresolved and it creates a habitability issue, you can file a Tenant Complaint (Form EQP5993) with your health department or bring a case to the District Court.
4. Are there protections for renters in subsidized or public housing?
   Yes, subsidized and public housing properties often have stricter smoke-free policies. You can report violations to your property manager or your local housing authority.
5. Can I end my lease because of secondhand smoke?
   In some cases, yes—but only after giving your landlord a chance to fix the problem. Get legal guidance before moving out to avoid penalties.

Key Takeaways for Renters

• Check your lease and building rules for smoking provisions and document any smoke-related issues.
• Communicate in writing with your landlord about secondhand smoke problems and request action.
• You have the right to file complaints or seek a tribunal hearing if your health or enjoyment is affected and the problem is not resolved.

Understanding your rights and following the proper steps helps ensure your concerns are heard and addressed.

Need Help? Resources for Renters

• Michigan District Court (Landlord-Tenant Division) – Handles rental disputes statewide
• Michigan Department of Health and Human Services: Housing Complaints – File air quality or secondhand smoke complaints
• Michigan State Housing Development Authority (MSHDA) – Subsidized tenant support and housing information
• Michigan Legal Help: Smoking in Rentals – Legal information and self-help resources for renters
• Local county health departments – For local enforcement and tenant health complaints

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1. [1] Michigan Truth in Renting Act
2. [2] Michigan District Court - Landlord-Tenant Division

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