Secondhand Smoke Complaints: Rhode Island Renters' Guide

Secondhand smoke in apartments or rentals can be a health and comfort concern. If you're a Rhode Island renter dealing with secondhand smoke, understanding your rights and local health & safety standards can help you address the problem effectively—while maintaining good relations with your landlord and neighbors.

Understanding Secondhand Smoke Issues in Rhode Island Rentals

Secondhand smoke can affect air quality and lead to health risks, especially in multi-unit buildings. While Rhode Island doesn't have a blanket law banning smoking in all private rentals, there are still protections for renters facing significant smoke intrusion. Landlords are responsible for ensuring units are habitable and safe according to state law. If secondhand smoke makes your home unsafe or unfit, you may have options to address it through maintenance requests and official complaints.

Your Rights Under Rhode Island Law

Rhode Island’s main landlord-tenant law—the Rhode Island Residential Landlord and Tenant Act—requires landlords to maintain rental units in a safe, sanitary, and habitable condition^[1]. This can cover excessive secondhand smoke exposure if it damages the habitability of your unit.

• Check your lease: Some leases in Rhode Island include no-smoking clauses. If so, these are enforceable terms.
• Habitable standards: If smoke is so bad that the unit isn’t considered livable, you have legal recourse.
• Common areas: Under the Rhode Island Smoke-Free Air Act, smoking is generally prohibited in common spaces of multi-unit dwellings.

How to Address Secondhand Smoke Complaints

Many smoke issues can be resolved through clear communication. Here are recommended steps for renters in Rhode Island:

• Politely discuss the issue with the neighbor if you feel comfortable.
• Document smoke exposure: Take notes or photographs showing when and where smoke infiltrates your unit.
• Contact your landlord in writing with your concerns and request a solution (ventilation fix, enforcement of no-smoking rules, etc.).

Official Forms and How to Use Them

• Rhode Island Department of Health Complaint Form (No official form number)
  Use this form if you believe secondhand smoke is creating a public health issue in a multi-unit residence or if your landlord hasn't addressed your written request.
  Download and submit the official health complaint form here.
  Example: If you have ongoing smoke issues in a shared hallway and your landlord doesn't respond, you can report it to the Department of Health using this form.
• Maintenance Request Form
  Many landlords provide their own maintenance forms. If not, a written letter or email counts. Detail how the smoke is impacting your unit and request a repair or mitigation (such as improved ventilation or enforcement of smoke-free rules).
  Example: You notice secondhand smoke leaking in through vents. Use this request to ask for vent repairs or sealing.

Filing a Formal Complaint or Taking Further Action

If your landlord does not respond or resolve the issue after you've submitted a written complaint, you have further options:

• Contact Rhode Island Housing Court – This tribunal resolves disputes between renters and landlords, including habitability issues: Visit Rhode Island Housing Court for more information, hearing schedules, and procedures.
• Seek Local Health Department Inspection – The Rhode Island Department of Health may investigate severe air quality or health hazards: Secondhand Smoke Information and Complaints.

Summary: Steps for Renters Facing Smoke Complaints

• Review your lease for no-smoking rules and Rhode Island laws.
• Politely address the issue with your neighbor (if safe).
• Notify your landlord in writing, using a maintenance request form or letter.
• If unresolved, file a complaint with the Rhode Island Department of Health.
• Consider contacting the Rhode Island Housing Court as a last resort.

Frequently Asked Questions

1. Is my landlord required to stop neighbors from smoking in Rhode Island?
   Landlords must maintain habitable, safe housing. If secondhand smoke makes your unit unlivable, they may have a duty to address it, especially if your lease restricts smoking or common areas are involved.
2. Are there statewide laws banning smoking in Rhode Island rentals?
   No, not in private units—but smoking is banned in common areas and landlords can set stricter smoke-free rules in leases.
3. How can I formally complain about secondhand smoke?
   Start with a written request to your landlord; if unresolved, use the Rhode Island Department of Health complaint form. Severe cases can go to Housing Court.
4. What if my landlord retaliates after my complaint?
   Retaliation is illegal under the Rhode Island Residential Landlord and Tenant Act. If faced with threats or eviction, document everything and seek legal help or contact the Housing Court.
5. Can I break my lease because of secondhand smoke?
   Possibly, if the smoke makes your unit uninhabitable and the landlord doesn't act after written notice. Consult with the Housing Court or a local legal service first.

Need Help? Resources for Renters

• Rhode Island Housing Court — For official disputes and tenant applications
• Rhode Island Department of Health: Secondhand Smoke Resources
• Rhode Island Alliance for Healthy Housing — Advocacy and renter health information
• Rhode Island Housing — Renter Information and Resources

---

1. Rhode Island General Laws, Residential Landlord and Tenant Act (Title 34, Chapter 18)
2. Rhode Island Smoke-Free Air Act Guide for Homeowners and Renters
3. Rhode Island Department of Health - Complaint Submission
4. Rhode Island Housing Court

Categories

Renter Rights & Legal Protections Lease Agreements & Renewals Rent, Fees & Security Deposits Moving In: Inspections & Disclosures Moving Out & Ending a Lease Maintenance, Repairs & Habitability Health & Safety Standards Evictions & Lease Violations Roommates, Subletting & Shared Housing Discrimination & Fair Housing Laws Accessibility & Disability Accommodations Utilities, Services & Billing Affordable Housing & Rental Assistance Rent Control & Rent Stabilization Privacy Rights & Landlord Entry Security, Locks & Emergency Protections Dispute Resolution & Legal Aid Retaliation & Harassment Protections Mobile Home & Manufactured Housing Rights Special Housing Types & Situations