Secondhand Smoke Complaints: Washington Renters’ Rights

Secondhand smoke can affect your health and your enjoyment of your rental home. If you’re a renter in Washington State struggling with secondhand smoke in your unit or common areas, you have specific rights and options under state law. This guide walks you through the steps to address secondhand smoke complaints, the official forms to use, and how to protect your right to a healthy home.

Your Right to a Safe and Habitable Home

Washington law requires landlords to maintain all rental homes so they are safe, sanitary, and fit to live in. This is known as the “implied warranty of habitability,” and it covers basic health and safety standards, which can include exposure to secondhand smoke. While Washington does not have a statewide law specifically banning smoking in private rentals, local rules and lease agreements may set stricter non-smoking policies.

Understanding Secondhand Smoke in Rentals

• Secondhand smoke may be considered a nuisance or a health hazard, especially if it seeps between units.
• Landlords have a duty to respond to hazards that impact health and safety, which may include persistent smoke.
• Some cities and counties in Washington have local ordinances further regulating or restricting smoking in multi-family housing.

Always review your lease for any no-smoking rules. These can often be enforced even without statewide legislation.

Steps to Address Secondhand Smoke Complaints

Before taking action, document when and where the smoke exposure occurs. Clear records help make your case if you need support from your landlord or file a formal complaint.

1. Notify Your Landlord (First Step)

• Write a dated letter or email: Clearly describe the issue, when you notice smoke, and how it affects your living conditions.
• Request that your landlord take reasonable steps to address the problem, such as enforcing a no-smoking policy or improving ventilation.
• This satisfies the legal requirement to inform your landlord and gives them an opportunity to fix the problem.

2. Use the Washington 14-Day Notice to Landlord Form

If the smoke problem continues, renters can serve a 14-Day Notice to Landlord to Comply with Obligations (RCW 59.18.070 Notice). This form formally requests the landlord fix a problem affecting health and safety.

• Form name: 14-Day Notice to Landlord to Comply with Obligations
• When to use: When your landlord does not address your health and safety concern (such as ongoing secondhand smoke exposure) after you notify them.
• How to use it: Fill out the form, describe the problem in detail, and deliver it to your landlord. Keep a copy and proof of delivery.
• Download the official 14-Day Notice to Landlord form

Serving this notice is often required before further legal action or contacting local health or housing authorities.

3. Reach Out to Local City or County Offices

• Some cities, such as Seattle, have additional protections, ordinances, or complaint procedures related to smoking in rental housing. Check your local health department or Seattle Department of Construction & Inspections: Non-Smoking Buildings
• Contact your city or county public health office if you believe secondhand smoke is violating a local ordinance or health code.

4. Filing a Complaint or Taking Legal Action

If unresolved, renters can file a formal complaint or, as a last resort, apply to the state court. The official tribunal handling residential tenancy disputes in Washington is the Washington State Superior Court system (Washington Courts Portal).

• Major disputes over health or habitability may eventually require a court to determine if your landlord has violated the Washington Residential Landlord-Tenant Act (RCW 59.18).

Key Legislation Covering Secondhand Smoke Issues

• The Residential Landlord-Tenant Act (RCW 59.18) guarantees your right to a habitable home.
• City and county public health codes may also provide secondhand smoke protections in multi-family housing.

Frequently Asked Questions: Secondhand Smoke and Washington Rentals

1. Does Washington have a state law banning smoking in rental apartments?
   No, there is no statewide ban, but many leases include no-smoking rules and local ordinances may restrict smoking in certain buildings.
2. What can I do if my landlord ignores my complaint about secondhand smoke?
   Serve the 14-Day Notice to Landlord to Comply. If the issue continues, contact your local health department or seek help from the Washington Superior Court system.
3. Can I break my lease due to secondhand smoke?
   If your landlord fails to provide a habitable home and ignores formal notices, you may have options under RCW 59.18.070, but you should get legal advice before moving out.
4. Are there official forms for smoke complaints in Washington?
   Yes, use the "14-Day Notice to Landlord to Comply with Obligations" form for most health-related rental issues.
5. Who handles tenancy disputes in Washington?
   The Washington State Superior Courts handle residential tenancy disputes. Learn more from the Washington Courts Portal.

Key Takeaways for Washington Renters

• Document all secondhand smoke issues and notify your landlord promptly in writing.
• If ignored, use the official 14-Day Notice and contact local health agencies or the court if needed.
• Washington law protects your right to a safe, habitable home under the Residential Landlord-Tenant Act.

Need Help? Resources for Renters

• Washington State Office of the Attorney General: Landlord-Tenant Information
• Washington Courts Portal (official court system for housing disputes)
• WashingtonLawHelp.org: Tenant Rights (legal help for tenants)
• Contact your local city or county health department for local smoke/nuisance complaints

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1. Washington Residential Landlord-Tenant Act (RCW 59.18)
2. 14-Day Notice to Landlord to Comply with Obligations (Official Form)
3. Washington Courts Portal – Residential Tenancy Disputes

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