Can my landlord ban smoking in my apartment building?

Yes, landlords in North Dakota can implement no-smoking policies for their property if they include these rules in the lease.

What should I do if my neighbor’s smoke is entering my apartment?

Document the issue, notify your landlord in writing, and request a solution. If unresolved, you can seek outside assistance.

Is there an official form to report secondhand smoke complaints in North Dakota?

There is no state-sanctioned form, but you can use a written complaint letter or breach of lease notice following templates in the state’s Attorney General guide.

Can I break my lease due to persistent secondhand smoke problems?

If the smoke makes your home uninhabitable and your landlord fails to fix the issue, you may have grounds to end your lease after following proper steps.

How North Dakota Renters Can Address Secondhand Smoke Complaints

Health & Safety Standards North Dakota published: June 21, 2025

If you're renting in North Dakota and dealing with unwanted secondhand smoke in your apartment or building, it's important to know your rights and the best steps to resolve the issue. Secondhand smoke can impact your health and comfort, and while North Dakota law doesn't ban smoking in private residences, there are protections and processes renters can follow to address complaints and improve their living environment.

Understanding North Dakota’s Laws on Secondhand Smoke in Rentals

North Dakota has a statewide smokefree law that prohibits smoking in most public places and places of employment. However, this law generally does not apply to private rental units, unless those areas are shared spaces like hallways, entryways, or laundry rooms in apartment buildings. Some rental properties may have their own no-smoking policies that go beyond state law.

Common Secondhand Smoke Issues for Renters

Smoke drifting into your unit from neighboring apartments
Smoke entering through vents, windows, or doors of common areas
Unclear building policies or lack of enforcement

What Can North Dakota Renters Do?

While there is no explicit state law that gives renters a right to a smokefree apartment, landlords in North Dakota have a responsibility to maintain habitable and safe living conditions under the North Dakota Residential Landlord and Tenant Act.^[1] This includes keeping the premises fit and in reasonable repair, and addressing issues that threaten health or safety.

Action Steps: How to Handle a Secondhand Smoke Complaint

Check your lease agreement: See if there’s a no-smoking clause or other relevant rules about smoking on the property.
Document the problem: Keep a log of when and where you notice secondhand smoke. Take photos, and note dates and times.
Communicate with your landlord: Notify your landlord in writing of your concern. Be specific about the impact on your health or enjoyment.
Request reasonable accommodations if needed: If you have a health condition that is aggravated by smoke, you may be able to request an accommodation under the Fair Housing Act.
Contact local officials if smoke enters shared areas: If the issue affects common spaces, contact your local city or county health department.
File a formal complaint if the issue is not resolved: If the landlord does not address your complaint, you may seek further help from the appropriate agency or the courts.

Relevant Forms for North Dakota Renters

Lease Complaint Letter (Informal):
Renters can use a written complaint or request letter to notify the landlord about secondhand smoke.
For example, "I am writing to formally request that you address the issue of secondhand smoke entering my apartment from neighboring units, as it is affecting my health."
This isn’t a formal state-issued form, but a sample letter template can be found in the North Dakota Attorney General's Landlord and Tenant Rights guide (see p. 21).
Notice of Breach of Lease (Self-Help Form):
If the landlord is not maintaining the property as required, you may serve written notice. The Attorney General's guide describes how to do this and what information to include.

While there is no universal statewide form for reporting secondhand smoke, the above letters and documentation are commonly used methods for moving your complaint forward.

If you feel your health is at risk and your landlord does not respond, you can contact the North Dakota Department of Health Tobacco Prevention and Control Program for guidance or file a civil action in small claims court if the problem affects your right to a habitable home.

Understanding the Landlord's Role and Tribunal Resources

Landlords must follow state law regarding repairs and habitability standards. If issues persist, renters may seek dispute resolution through local civil courts or small claims court, since North Dakota does not have a single designated residential tenancy tribunal. Learn more about housing rights via the North Dakota Courts Self-Help Landlord and Tenant page.

FAQ: Renters' Questions on Secondhand Smoke in North Dakota

Can my landlord ban smoking in my apartment building?
Yes, landlords are legally allowed to set no-smoking policies for their properties in North Dakota. These rules should be stated in your lease agreement.
What if my neighbor’s smoke is making me sick?
You should document the problem, notify your landlord in writing, and request a solution. If your health is impacted and nothing changes, you may be able to pursue further action for health or habitability reasons.
Is there a government form to report secondhand smoke in apartments?
There is no standard form, but you can use a written complaint or breach of lease letter. Refer to the templates in the Attorney General’s resource guide.
Who enforces smoking laws in multi-unit buildings?
Enforcement depends on whether the area affected is covered by state law (such as common areas). For private units, it's mainly up to your landlord's policies.
Can I break my lease if the smoke problem is not fixed?
If the smoke breaches the implied warranty of habitability and the landlord does not address it, you may have legal grounds to terminate your lease. It’s important to seek legal advice or contact a support agency first.

Conclusion: Key Takeaways for North Dakota Renters

Secondhand smoke issues are not directly regulated in private rentals by state law, but you have rights to a habitable home.
Always communicate concerns to your landlord in writing and keep thorough records.
Resources like the Attorney General’s guide and local health departments can help you navigate complaints or further action.

Need Help? Resources for Renters

North Dakota Courts – Landlord and Tenant Legal Self-Help: Learn about your rights, access court information, and find guidebooks.
North Dakota Attorney General’s Landlord and Tenant Rights Guide: Comprehensive manual for renters and landlords.
Department of Health – Smokefree Initiatives: Information on tobacco regulations and reporting.
North Dakota Legal Services: Legal Assistance of North Dakota offers legal help to eligible renters.