Vermont Renters: Secondhand Smoke Complaint Rights & Steps

If you're a Vermont renter troubled by secondhand smoke, it's important to know your rights and the steps you can take. Secondhand smoke can impact your health and comfort at home. This guide explains Vermont laws, official complaint processes, and available resources—helping you protect your health and rental rights as a tenant.

Understanding Vermont's Approach to Secondhand Smoke in Rentals

Vermont does not have a statewide law that bans smoking in private rental housing. However, landlords have the right to make rental units smoke-free, and many leases may include no-smoking clauses. The Vermont Residential Rental Agreements Act governs the general rights and responsibilities of tenants and landlords.^[1]

When Secondhand Smoke Becomes a Health or Safety Issue

Secondhand smoke that drifts into your unit can sometimes violate the legal standard that your rental be kept "fit and habitable." Vermont's habitability requirements mean landlords must maintain the unit to be safe and healthy, though smoke specifically isn't always addressed.^[2]

• Vermont law (9 V.S.A. § 4457) requires landlords to ensure rentals are not hazardous to health.
• Some local city or town public health ordinances may further limit smoking in multi-unit housing.

Your Options: Documenting and Raising Secondhand Smoke Complaints

To resolve secondhand smoke issues, start by documenting the problem and communicating promptly. Most disputes can be addressed through clear records and respectful discussions with your landlord.

• Document the issue: Keep a dated log describing when and where you notice smoke and its health effects.
• Check your lease: Look for any clauses about smoking or no-smoking policies.
• Notify your landlord in writing: Vermont law requires tenants to inform landlords about concerns. You can use a formal notice for this step.

Filing an Official Complaint: Forms and Agencies

If your landlord does not address the issue, you may escalate your complaint.

• Vermont Department of Health: You may file a complaint if secondhand smoke is affecting your health and the landlord is unresponsive. Use the Healthy Homes Complaint Form to report concerns regarding air quality in rentals.^[3]
  
  When and how to use: If you suspect secondhand smoke is violating local health codes or affecting your well-being and your landlord hasn't helped, fill out the Healthy Homes Complaint Form online or download a PDF from the state’s official website, then submit it as instructed.
• Court Action: If unresolved, you may consider a civil suit in Vermont's Small Claims Court for damages or abatement. This process involves more formal documentation and possible legal advice.

If Your Lease Has a No-Smoking Policy

If your lease specifically bans smoking, report violations to your landlord. They are responsible for enforcing such policies and may take action against tenants in breach of the lease, potentially even seeking eviction for persistent violations (following state procedures).

Official Tribunal for Vermont Renters

Vermont does not have a separate landlord-tenant tribunal. Issues are generally resolved through the Vermont Superior Court—Civil Division (Small Claims Court) for rental housing matters. For lease enforcement, habitability claims, or disputes over repairs, you can file action here after attempts at resolution fail.

Summary: Key Legal Protections for Renters

Though Vermont doesn’t have statewide smoke-free rental laws, common legal protections for renters experiencing secondhand smoke include:

• The right to a habitable (safe and healthy) home as specified in the Residential Rental Agreements Act
• Landlords may set and enforce smoke-free policies in lease agreements
• Tenants can file health and safety complaints or seek court remedies if the issue persists

Tip: Always communicate in writing for a clear record—and contact your local health department if health-harming secondhand smoke continues after landlord notification.

Frequently Asked Questions

1. Can my landlord make my apartment smoke-free in Vermont?
   Yes. Vermont landlords may institute smoke-free policies in rental agreements and enforce them as lease conditions.
2. What if my neighbor's smoking affects my health?
   Document the problem, check for no-smoking clauses, and notify your landlord in writing. If unresolved, file a complaint with the Vermont Department of Health or pursue court options.
3. Is there a state law banning smoking in Vermont rentals?
   No statewide law prohibits smoking in all rentals, but habitability and local health codes may apply.
4. Do I need to use a specific form for complaints?
   For housing health hazards, use the Healthy Homes Complaint Form from the Vermont Department of Health.
5. Who handles rental disputes in Vermont?
   Most rental disputes are handled by the Vermont Superior Court—Civil Division (Small Claims Court).

Conclusion: What Vermont Renters Should Remember

• Vermont renters have the right to request a healthy, smoke-free home even if there’s no blanket smoking ban.
• Keep detailed records and use official forms to document your concerns.
• Use state resources and courts if the issue is not resolved by your landlord.

Need Help? Resources for Renters

• Vermont Department of Health—Healthy Homes Complaint Form: For health-related smoke complaints.
• Vermont Legal Aid—Housing Help: Free legal information and tenant advocacy resources.
• Vermont Superior Court—Small Claims Division: For formal resolution of disputes.
• Vermont Residential Rental Agreements Act: Official tenant/landlord law text.

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1. Vermont Residential Rental Agreements Act (9 V.S.A. Chapter 137)
2. Vermont Habitability Law: 9 V.S.A. § 4457
3. Vermont Department of Health—Healthy Homes Complaint Form

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