How Missouri Renters Can Address Secondhand Smoke Issues

Secondhand smoke in rental homes is an important health and comfort issue for renters throughout Missouri. If you're a renter dealing with unwanted smoke entering your unit, you have options. This guide explains practical steps, your rights, and official Missouri regulations for handling secondhand smoke complaints effectively.

Understanding Secondhand Smoke in Missouri Rentals

Unlike some states with strict smoke-free laws for multi-unit housing, Missouri does not have statewide laws banning smoking in private residences or apartment buildings. However, landlords can create their own no-smoking policies for properties, and many localities have additional restrictions—especially for common areas in multi-family buildings.^[1]

Your Rights and Your Landlord’s Duties

• Warranty of Habitability: Missouri law requires landlords to provide a “fit and habitable” property—free from conditions that may endanger health.^[2]
• Leases and Smoking Policies: Your lease may include no-smoking clauses. If so, your landlord has a duty to enforce them fairly.
• Health & Safety Standards: While Missouri statutes don’t mention secondhand smoke directly, severe intrusion could violate your right to quiet enjoyment or habitability.

What To Do If You Experience Secondhand Smoke

If smoke is entering your apartment and causing discomfort or health concerns, take these steps:

• Document the incidents (dates, times, where smoke enters).
• Check your lease for any non-smoking policy.
• Politely communicate with the neighbor, if you feel safe to do so.
• Submit a written notice to your landlord or property manager explaining the problem.

Filing a Formal Complaint with Your Landlord

Missouri does not have a statewide form for secondhand smoke complaints, but you should provide written notice. This may be done via:

• Written Notice of Repair Request: Use a letter or email to formally notify your landlord.

Missouri Official Forms for Renters

• Missouri Notice to Landlord to Repair (sample form from the Missouri Attorney General): While not specific to smoke, this form can be adapted to request action about smoke entering your unit.
• Use this form when your landlord fails to address habitability concerns, such as repeated secondhand smoke exposure. Example: "You notice cigarette smoke from the hallway is entering your bedroom every evening and your lease prohibits smoking indoors. You complete the Notice to Landlord to Repair, describe the smoke issue, and request enforcement of the lease policy."

What If the Landlord Doesn’t Fix the Problem?

If your landlord fails to take reasonable steps after being notified in writing, you have additional options:

• Contact the local health department if the smoke is causing health concerns — check with your city or county’s code enforcement or environmental health office.
• If your lease is being violated, you may seek help through Missouri’s court system, such as small claims court.
• The Missouri Judiciary (State Courts) handles rental disputes, including habitability claims. There is no separate tenancy tribunal in Missouri.

Relevant Legislation

• Missouri Revised Statutes Chapter 441: Landlord and Tenant — Covers tenant rights, habitability, and procedures.

Practical Tips for Missouri Renters

• If your lease lacks a smoking clause, discuss adding one at renewal.
• Consider using air purifiers or window seals as a short-term fix.
• Approach all parties respectfully and keep thorough documentation.

Frequently Asked Questions

1. Do Missouri landlords have to prohibit smoking in rentals? No, Missouri law does not require landlords to ban smoking, but they can set their own policies in leases.
2. Can I break my lease because of secondhand smoke? Possibly, if the smoke is severe enough to affect your health or violates your right to a habitable home—but always seek legal advice first and give your landlord written notice and time to address the issue.
3. What should I include in my written complaint? List specific dates/times, describe where the smoke enters, mention any health effects, and reference your lease if it includes a non-smoking policy.
4. Does Missouri have state forms for smoke complaints? No specific forms exist for smoke, but you can adapt the Notice to Landlord to Repair or submit a general written request.
5. Who handles rental disputes in Missouri? The Missouri State Courts handle rental disputes, as there is no dedicated tenancy tribunal.

Conclusion: Key Takeaways for Renters

• Missouri law requires habitable and safe rental units, but does not specifically address smoking.
• Document problems and notify your landlord in writing, using official forms if available.
• For unresolved issues, contact your local health office or consider Missouri small claims court for disputes.

Act promptly and keep good records to protect your health and tenancy rights.

Need Help? Resources for Renters

• Missouri Attorney General’s Landlord-Tenant Law Guide — Plain-language summary of rights and sample forms
• Missouri Judiciary (State Court Locator) — Rental dispute information and filing options
• Missouri Local Public Health Agencies Directory — Find local health code enforcement or complaint resources
• Legal Services of Missouri — Free or low-cost legal help for tenants

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1. See: CDC — State & Local Initiatives for Smoke-Free Air
2. Missouri Revised Statutes, Section 441.234 — Landlord's duty to keep premises in repair

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