Can my landlord ban smoking in my apartment building?

Yes, Texas landlords can create and enforce non-smoking policies in leases and buildings.

What should I do if my neighbor smokes and it affects me?

Document the problem and notify your landlord in writing, using official forms if available.

Can I break my lease due to secondhand smoke?

Only if you can prove uninhabitable conditions, follow legal notice steps, and the landlord does not act.

Does Texas law ban smoking in rental units?

No, but local city rules or your lease may provide protections.

How fast must a landlord respond to repair requests about smoke?

Texas law requires landlords to act within a reasonable time, usually seven days for safety concerns.

Secondhand Smoke Complaint Rights for Texas Renters

Health & Safety Standards Texas published: June 21, 2025

If you are a renter in Texas and struggling with secondhand smoke drifting from neighboring units, you have options to protect your health and home environment. Understanding your rights and knowing the correct steps can help you effectively resolve the issue in line with Texas law. This article will guide you through what secondhand smoke complaints mean, how to act, and the official resources available in Texas.

What Are Your Rights Concerning Secondhand Smoke in Texas Rentals?

Secondhand smoke can seriously impact your comfort and health. In Texas, there is no statewide law that prohibits smoking in private residential units, but local ordinances, building policies, and lease agreements may provide protections. Familiarize yourself with your lease and any building-wide non-smoking rules. Texas law requires landlords to maintain habitability and safety within their properties under the Texas Property Code, Title 8, Chapter 92: Residential Tenancies¹.

Habitability and the Implied Warranty of Quiet Enjoyment

Landlords must provide safe, livable conditions in line with state law.
If secondhand smoke creates unsafe or unhealthy living conditions, it may violate your right to "quiet enjoyment" and habitability.
Addressing ongoing secondhand smoke may be possible through official complaints and, in some cases, by requesting repairs or accommodations.

What Steps Can Texas Renters Take Regarding Secondhand Smoke?

When dealing with secondhand smoke in your rental, consider the following action steps. This ensures you protect your rights while following Texas law.

Document the Issue: Record dates, times, and impacts of secondhand smoke in your unit. Take photos or notes if possible.
Review Your Lease and Policies: Check if your lease or building has non-smoking clauses or rules about nuisance and disturbances.
Send a Written Notice to Your Landlord: Use the appropriate Texas form to notify your landlord of the problem and request a remedy.
Follow Up: Keep copies and document your landlord’s response. If the issue persists, further steps may be available through state or city housing authorities.

Important Official Forms

Texas Tenant Request for Repairs (No Official Form Number)
Purpose: Use to formally notify your landlord about the problem and request action.
When & How Used: If secondhand smoke affects your health or unit, write a signed and dated letter to your landlord describing the issue and asking for repairs or action. You can use the template provided by the Texas Department of Housing and Community Affairs (TDHCA Official Forms) and look for "Tenant Request for Repairs" under Tenant Forms.
Practical Example: You smell smoke regularly in your apartment bedroom. Write a letter using the TDHCA template, describe the impact, and ask your landlord to address the source or consider a non-smoking policy.
Texas Property Code Chapter 92 Complaint (No Official Form Number)
Purpose: If your landlord does not respond, you may contact the local code enforcement or file a habitability complaint informally with your city or county housing office.
When & How Used: After sending a repair request and waiting the legal period, if your landlord still does nothing, contact your local code enforcement office. In cities like Dallas, use 311 or the city’s housing department to report habitability violations (Dallas Code Compliance).

Who Handles Rental Disputes in Texas?

Texas does not have a statewide residential tenancy tribunal. Complaints and rental disputes are generally handled in local Justice of the Peace Courts, which are the official venue for landlord-tenant issues. More information and resources are available from the Texas Justice Courts.

If your landlord fails to address serious secondhand smoke impacts that threaten safety or violate your lease, you may seek remedies in your local Justice Court after reasonable notice and opportunity to repair.

How Does the Texas Property Code Protect Renters?

The main state law governing landlord and tenant responsibilities is the Texas Property Code Chapter 92. This law:

Obligates landlords to repair conditions that affect health and safety when notified in writing
Provides renters the ability to escalate non-repair issues to the courts if no action is taken
Is enforced locally through the Justice Court system

For secondhand smoke, while not specifically mentioned, situations affecting your health or enjoyment of the unit may be addressed under the health, safety, and quiet enjoyment protections.

What Outcomes Can Renters Seek?

Landlord action to mitigate smoke (sealing cracks, enforcing no-smoking policies, etc.)
In some cases, lease termination or rent abatement if the condition is not repaired after official notice
Local ordinance enforcement, if your city has relevant smoke-free housing rules

Remember, always try to resolve the issue amicably and in writing before considering court or official complaints.

Frequently Asked Questions: Texas Secondhand Smoke Complaints

Can my landlord ban smoking in my apartment building?
Yes, Texas law allows landlords to set smoke-free policies for apartment buildings or units. If your lease includes a non-smoking clause, your landlord can enforce it.
What should I do if my neighbor smokes and it affects me?
Start by documenting the problem and speak to your landlord in writing. Request a repair or remediation under the "Tenant Request for Repairs" process. If the landlord does not act, contact your local housing code office.
Can I break my lease because of secondhand smoke?
Potentially, if you can prove the smoke makes your unit uninhabitable and you have given your landlord proper written notice and opportunity to repair. Legal advice or a Justice Court may be needed in such cases.
Do Texas state laws directly ban secondhand smoke in rentals?
No, there is no statewide law banning smoking in private rentals, but you may have protections under city ordinances or your lease.
How long does my landlord have to respond to my repair request?
Under Texas law, the landlord must act within a reasonable time—typically seven days—after receiving written notice of a health or safety issue.

Key Takeaways for Texas Renters

Document secondhand smoke problems and notify your landlord in writing using official processes.
Your lease and local city rules may offer added protections even if state law is limited.
You can escalate serious health and safety complaints to your local Justice Court if needed.

Proactively addressing secondhand smoke issues helps protect your health and your rental rights under Texas law.

Need Help? Resources for Renters

Texas Department of Housing and Community Affairs (TDHCA): General renter resources and official complaint forms
Texas Property Code Chapter 92: Full text of state rental law
Find Your Local Justice Court: File official rental complaints or disputes
Texas Attorney General – Tenant Rights: State protections and tenant advocacy tips
Dallas Code Compliance (example for city-level complaints): For reporting suspected habitability violations