Secondhand Smoke Complaints: What Tennessee Renters Need to Know

Secondhand smoke in rental housing is a common concern for many tenants in Tennessee. Whether you live in an apartment, condo, or duplex, dealing with secondhand smoke can impact your health, comfort, and well-being. Understanding your rights and the steps you can take under Tennessee law is crucial for protecting your living environment.

Secondhand Smoke in Tennessee Rentals: Your Rights and Challenges

Unlike some states, Tennessee does not have a state law that specifically bans smoking in all multifamily residential units. However, there are state and federal protections that may help renters dealing with secondhand smoke issues, especially if a health condition is involved.

• Tennessee does not prohibit smoking in residences by default; landlords have the right to set their own policies about smoking in leases.
• If your lease contains a no-smoking clause, it can be enforced by your landlord.
• Secondhand smoke could be deemed a nuisance or a breach of quiet enjoyment under some circumstances—especially if it affects your health or makes your home unlivable.
• Protections under the federal Fair Housing Act may apply if a disability is made worse by secondhand smoke exposure.

For full details about Tennessee tenant rights, visit the Tennessee Department of Commerce & Insurance – Tenants Resources page.

How to Handle Secondhand Smoke Complaints

Addressing secondhand smoke issues often starts with communication and clear documentation. Here are typical steps for Tennessee renters:

• Review your lease: Check for any no-smoking rules or provisions about nuisances and quiet enjoyment.
• Document each incident when secondhand smoke enters your unit. Record dates, times, and how it affects you and your household.
• Politely communicate your concerns to your neighbor, if you feel comfortable and safe doing so.
• If the issue continues, contact your landlord or property manager in writing. Describe the problem and request a reasonable solution.

Submitting a Formal Complaint

If informal steps do not resolve the issue, you may wish to submit a formal complaint in writing to your landlord, and potentially to your local housing authority if you live in public or subsidized housing. There is no statewide Tennessee form specifically for secondhand smoke complaints, but you may use a standard written complaint or the form provided by your local public housing authority if applicable.

• Reasonable Accommodation Request (HUD Form 903.1): If you have a disability (such as asthma) aggravated by secondhand smoke, you can file this form to request your landlord make reasonable changes.
  
  • When to use: When secondhand smoke is impacting your disability and you need your landlord to take steps (like designating non-smoking areas).
  • How to file: Complete HUD Form 903.1 and submit it to your landlord or local HUD office.
    You can also read more at the HUD – How to File a Housing Discrimination Complaint page.

The state agency that oversees residential landlord-tenant matters in Tennessee is the Tennessee Division of Consumer Affairs. For formal disputes, small claims courts or local courts may handle legal action when necessary.

For complete rights under the law, see the Tennessee Uniform Residential Landlord and Tenant Act (applicable in counties with populations of over 75,000).

What Actions Can a Landlord Take?

• If your lease bans smoking, your landlord may issue a notice of violation if a neighbor is smoking in prohibited areas.
• Landlords can amend leases (when renewing) to introduce no-smoking policies or designate smoke-free zones.
• If your landlord is unresponsive and the situation becomes severe, you may have options to terminate your lease or seek relief in court. This should be a last resort after other steps.

Key Tennessee Legislation and Resources

• Tennessee Tenant Resources (official information and guides)
• Tennessee Division of Consumer Affairs (complaints, mediation, and guidance)
• Tennessee Uniform Residential Landlord and Tenant Act (URTLA)
• HUD Fair Housing Complaint Process

Frequently Asked Questions about Secondhand Smoke in Tennessee Rentals

1. Can my landlord ban smoking in my apartment building?
   Yes. In Tennessee, landlords can set no-smoking rules in rental properties, and these rules can be enforced through your lease agreement.
2. Is secondhand smoke considered a breach of quiet enjoyment?
   It can be, but only in certain cases. If smoke significantly interferes with your use of the property or your health, you may have grounds to claim a breach under Tennessee’s landlord-tenant laws.
3. How do I file a formal complaint about secondhand smoke?
   Document the issue and discuss it with your landlord in writing. If the problem continues, submit a written complaint or, if you have a health condition, use HUD Form 903.1 for a reasonable accommodation request.
4. Can I break my lease due to secondhand smoke?
   This is only possible in severe cases, such as when the situation is unbearable, the landlord does not address valid complaints, and there is a clear breach of the lease. Seek legal advice before taking this step.
5. Does Tennessee law require all rentals to be smoke-free?
   No, there is no statewide law mandating smoke-free private residences. However, federal rules require all public housing to be smoke-free indoors.

Key Takeaways for Tennessee Renters

• Review your lease for no-smoking rules and document all secondhand smoke incidents.
• Communicate in writing with your landlord and consider a reasonable accommodation request if your health is affected.
• Access official resources or legal services if your efforts do not resolve the issue.

Need Help? Resources for Renters

• Tennessee Department of Commerce & Insurance – Tenants Resources
• Tennessee Division of Consumer Affairs – Complaint Hotline: 800-342-8385
• HUD Tennessee – Renters Help
• Tennessee General Sessions Courts – For legal actions regarding landlord-tenant issues

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1. Tennessee Uniform Residential Landlord and Tenant Act: View latest act
2. HUD Reasonable Accommodation Request: HUD Form 903.1
3. Tennessee Department of Commerce: Official tenant rights and resources
4. HUD – How to File a Complaint: HUD Fair Housing Complaint Process

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