Utah Renters: What to Do About Secondhand Smoke

If you're a Utah renter worried about secondhand smoke in your apartment or building, you're not alone. Secondhand smoke can affect your health and comfort, and it's a common concern in many rental units. Understanding your rights and the proper steps to take can help you resolve the problem with your landlord or neighbors quickly and effectively.

Utah Rental Housing: Secondhand Smoke and Your Rights

Utah law recognizes the dangers of secondhand smoke, especially in shared residential spaces. While there is no statewide ban on smoking in private rental units, many cities, housing authorities, and landlords in Utah have their own policies to restrict or prohibit smoking indoors. It's important to check your lease agreement, as many property owners now include no-smoking clauses to promote healthy living environments.

What Utah Law Says About Secondhand Smoke in Rentals

• Utah's Utah Fit Premises Act requires landlords to provide a unit that is safe and habitable. ^[1]
• The Utah Indoor Clean Air Act prohibits smoking in enclosed public places and some common areas of apartment complexes (like lobbies and hallways).^[2]
• Secondhand smoke could be considered a nuisance if it seriously affects your health or property, but it's not specifically addressed as a "nuisance" in all situations.

If your lease has a no-smoking clause, your landlord is required to enforce it. If it doesn't, you can still raise health and habitability concerns, especially if smoke makes your unit unsafe or unlivable.

Steps to Take if You’re Affected by Secondhand Smoke

It's best to start by documenting the issue and trying to resolve it informally before moving to formal complaints or legal action.

• Read your lease: Check if there's a no-smoking policy or clause.
• Document the issue: Keep a log of when, where, and how often you smell smoke, as well as any health effects.
• Communicate in writing: Politely notify your landlord or property manager with written evidence and your concerns.
• Request reasonable accommodations: If you have a health condition made worse by smoke, you can ask your landlord for specific actions (like sealing gaps, moving you to a different unit, or enforcing rules) using Utah’s accommodation process.

Filing a Formal Complaint or Taking Further Steps

If talking directly with your landlord doesn't resolve the issue, you may need to file a formal complaint or take next steps:

• Utah Department of Health Complaint: If smoke is entering your unit from a prohibited area (like indoor common space or a public lobby), you can file a complaint with the Utah Department of Health.
• Utah Legal Services Request Form: Renters experiencing repeated issues may request tenant advocacy or legal help via the form from Utah Legal Services.
• Utah Fair Housing Complaint Form: If you believe you are being discriminated against (for example, if you have a disability worsened by secondhand smoke), use the Utah Fair Housing Complaint Form to file with the Utah Labor Commission.
  Example: If you suffer from asthma and your landlord refuses to take reasonable steps to minimize your exposure to smoke, this form helps you initiate a formal fair housing investigation.

The Official Tribunal for Utah Renters

If you can’t resolve things informally, Utah renters can bring claims for habitability or nuisance issues to a local court. Small Claims Court is a typical venue for these cases. For housing discrimination claims, the Utah Labor Commission's Division of Antidiscrimination and Labor handles fair housing disputes.

Key Tips: Communicating and Documenting

• Always keep a copy of any written complaint or request you send.
• Ask for written responses when possible.
• If you submit an official form, note the date and method you sent it.

Relevant Utah Forms for Renters

• Utah Legal Services - Housing Help Request: Use this online form if you need legal advice or assistance with a rental issue.
  Utah Legal Services Housing Request
  How it's used: Fill out the online form to describe your problem; a lawyer will follow up for more details.
• Utah Fair Housing Complaint Form: File if you believe your rights related to health or disability and smoke exposure are not being respected.
  Utah Fair Housing Complaint Form
  How it's used: Download, complete, and submit to the Utah Labor Commission’s Division of Antidiscrimination and Labor.
• Utah Small Claims Court Forms: For complaints that require repayment or action by a landlord.
  Utah Small Claims Court Forms
  How it's used: Complete and file if you're seeking damages for lack of habitability due to smoke problems.

FAQ: Secondhand Smoke Concerns in Utah Rentals

1. Can my landlord ban smoking in my rental unit?
   Yes, landlords in Utah are allowed to include a no-smoking policy in your lease. If your agreement prohibits smoking, it applies to all tenants and visitors.
2. What if smoke from another tenant is entering my unit?
   Document the issue and notify your landlord in writing. If your landlord doesn’t resolve it, you may file a health complaint or pursue a claim if it affects your health or violates lease terms.
3. Is secondhand smoke a reason to break my lease?
   In very rare cases, if your unit is truly uninhabitable due to secondhand smoke and the landlord won’t fix it, you could have grounds to terminate your lease under the Utah Fit Premises Act. Always seek legal advice first.
4. Where can I file a complaint if my landlord or neighbor ignores my concerns?
   File with the Utah Department of Health for public/common area violations, or with the Utah Labor Commission if it's a fair housing/disability issue. For unresolved problems, Small Claims Court is another option.
5. Does Utah state law prohibit smoking inside private apartments?
   No, but many leases do. Public areas in multi-unit buildings are covered, but individual units depend on your lease or local policies.

Need Help? Resources for Renters

• Utah Legal Services: Free housing law advice for Utah renters
• Utah Labor Commission, Division of Antidiscrimination and Labor: Handles fair housing/discrimination complaints
• Utah Department of Health: Public health safety and complaint resources
• Utah Courts Self-Help - Small Claims: Forms and information for resolving rental disputes

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1. Utah Fit Premises Act
2. Utah Indoor Clean Air Act

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