Secondhand Smoke Complaint Rights for Pennsylvania Renters

Secondhand smoke can seriously affect your quality of life and health when living in a rental property. If you're a renter in Pennsylvania concerned about exposure to secondhand smoke, it's important to understand your rights, available remedies, and the right steps to take using state resources. This guide breaks down your options, plain and simple.

Your Rights Regarding Secondhand Smoke in Pennsylvania Rentals

Pennsylvania does not have a statewide law banning smoking in private rental properties. However, renters still have protections under existing health and safety standards, and landlords must provide habitable housing according to the Pennsylvania Landlord and Tenant Act.^[1]

• Landlords must maintain safe and healthy living conditions (the "implied warranty of habitability").
• If secondhand smoke causes a health or safety risk, renters may have certain legal remedies.
• No-smoking policies may be in individual leases. If so, landlords must enforce them consistently.

When Is Secondhand Smoke a Legal Violation?

While simply being bothered by smoke is not always a violation, if smoke significantly affects your health, comfort, or use of your apartment, it may be considered a "nuisance" or breach of the warranty of habitability.

How to Handle a Secondhand Smoke Complaint

Addressing secondhand smoke problems usually begins with communication and documentation. Here's how you can take action:

• Document every instance: Keep records of dates, frequency, and the impact of the smoke.
• Check your lease for any smoking-related policies.
• Notify your landlord or property manager in writing about your concerns, ideally with a formal letter or email. Remain polite but clear.

Filing a Formal Complaint

If informal communication does not help, you can escalate your complaint:

• File a complaint with your local municipal health or code enforcement office if you believe your health is at risk.
• Contact your county Bureau of Consumer Protection for tenant-landlord disputes.
• Consider mediation services or, if needed, action in civil court (such as your local Magisterial District Court).

Key Forms for Renters

• Tenant Complaint Form (Pennsylvania Office of Attorney General):
  • Landlord/Tenant Complaint Form (PDF)
  • Use it when: Your landlord is unresponsive to health and safety concerns, such as ongoing secondhand smoke exposure.
  • How to use: Fill out the form with a clear explanation and supporting documentation; mail it to the listed address.
• Local Health or Code Complaint Form:
  • These may vary by city or county. For Philadelphia, for example, use the Property Code Violation Report.
  • Use it when: The property condition presents a health hazard (e.g., persistent secondhand smoke entering your unit).
  • How to use: File online or via phone. Be ready to describe the issue and impact.

Pennsylvania’s Tribunal for Residential Tenancy Disputes

Disputes between tenants and landlords in Pennsylvania are handled by the Magisterial District Courts. These local courts hear cases on landlord-tenant issues, including habitability complaints and lease disputes.

If secondhand smoke risks your health or violates the terms of your lease, you have a right to request repairs, negotiate solutions, or file a formal complaint with the relevant authorities.

Steps to Protect Yourself from Secondhand Smoke

• Keep detailed records of smoke exposure and your communications.
• Submit complaints or requests for help using the above forms.
• Stay aware of your responsibilities and rights under state and local laws.

A step-by-step approach improves your chances of a quick resolution.

Frequently Asked Questions

1. Can my landlord ban smoking in my Pennsylvania apartment?
   Yes, landlords can include a no-smoking clause in the lease and enforce it as a rule of tenancy. If it’s in your lease, both you and your neighbors must follow it.
2. Is my landlord required to stop my neighbor from smoking?
   Not always. Unless there is a no-smoking policy in your lease or the smoke creates a serious health or safety hazard, landlords are generally not required by law to intervene.
3. What if secondhand smoke is making me sick?
   If the smoke poses a medical risk or makes your apartment uninhabitable, you may file a complaint with local code enforcement and use the Tenant Complaint Form from the Pennsylvania Attorney General’s office.
4. Does my lease have to mention secondhand smoke?
   No, but a clear smoking policy makes your rights and remedies much clearer. Always check your lease for smoking clauses.
5. Who can help me if my landlord ignores my complaints about smoke?
   You can contact your local health department, code enforcement office, or file a formal complaint with the Bureau of Consumer Protection.

Conclusion: Key Takeaways for Renters

• Pennsylvania law does not ban smoking in rentals, but landlords must keep homes safe and habitable.
• Document any secondhand smoke issue and use official complaint forms if needed.
• For unresolved disputes, contact Magisterial District Courts for further help.

Need Help? Resources for Renters

• Bureau of Consumer Protection – Landlord/Tenant Complaints
• PA Department of Health – Secondhand Smoke Resources
• Pennsylvania Magisterial District Courts
• Your local city or county code enforcement office (check your municipality’s website)
• For lease review and free legal advice, contact Pennsylvania Legal Aid Network

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1. Pennsylvania Landlord and Tenant Act
2. PA Office of Attorney General – Landlord Tenant Complaints
3. PA Magisterial District Courts
4. PA Department of Health – Secondhand Smoke

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