Secondhand Smoke Rights for Renters in West Virginia

If you’re renting in West Virginia and concerned about secondhand smoke in your apartment or building, you’re not alone. Many renters face challenges with smoke drifting between units. Understanding your rights and options according to state law can help you address these health and safety issues confidently and effectively.

Understanding Secondhand Smoke in Rental Housing

Secondhand smoke is the combination of smoke from burning tobacco products and the smoke exhaled by smokers. In multi-unit housing, this smoke can travel from one unit to another through vents, doors, windows, or even walls. For renters, involuntary exposure can be more than just a nuisance—it can affect your health, especially if you or your loved ones have asthma or other respiratory concerns.

What Are Your Rights as a Renter in West Virginia?

While West Virginia’s state laws do not have specific provisions that outright ban smoking in private rental units, landlords must still provide a safe and habitable environment for tenants. State law requires landlords to repair and maintain rental units so they are fit for living, known as the “implied warranty of habitability.” Continued exposure to secondhand smoke might violate these standards under certain circumstances.

The main legislation protecting renters in West Virginia is the West Virginia Code Chapter 37, Article 6 – Residential Rental Agreements^[1]. This code outlines landlord and tenant rights and responsibilities, including health and safety maintenance. Local city or county ordinances may provide additional protections, so it’s a good idea to check with your local health department as well.

Addressing Secondhand Smoke Complaints: Steps for Renters

Dealing with secondhand smoke in your rental can feel overwhelming. Fortunately, there are practical ways to address the situation.

• Review Your Lease: Check if your rental agreement includes a nonsmoking policy for your unit or shared areas.
• Record the Issue: Keep a detailed log (with dates and times) of when and where you notice smoke, and how it affects your living environment or health.
• Communicate with Your Landlord: Notify your landlord promptly and in writing. Clearly explain your concerns, include your smoke log, and request a solution.
• Contact Local Health Officials (if needed): Some West Virginia counties and cities have local ordinances or health boards that may address indoor air quality or nuisance complaints. You can find your local health department via the West Virginia Department of Health & Human Resources Local Health Departments map.
• Document All Interactions: Save copies of communications and responses for your records.
• Consider Filing a Formal Complaint: If your landlord does not address repeated complaints, you may file a complaint regarding possible housing code violations with your local housing authority.
  For city or county-specific forms, contact your city’s code enforcement division or health department.
• Request Reasonable Accommodation (if you have health issues): If you have a disability made worse by smoke exposure, you may request a reasonable accommodation under the federal Fair Housing Act. This usually involves a written request to your landlord describing your disability-related need for a smoke-free environment.

Relevant Official Forms and How to Use Them

• Landlord Notification Letter (No Official State Form Number):
  If West Virginia does not supply a statewide tenant complaint form, a clear written notification to your landlord is typically required to start the process. Use a letter or email stating your complaint and desired resolution. (Find sample notice requirements in WV Code §37-6-30.)
  Example: "I am writing to notify you of secondhand smoke entering my unit at [address] on [dates]. This has caused [describe effects]. Please advise how you will address this concern."
• Reasonable Accommodation Request (No Official State Form):
  If your health is at risk, send a written request for reasonable accommodation due to disability or medical condition under the Fair Housing Act. Find guidance on preparing this at HUD’s Reasonable Accommodations page.
• Local Nuisance/Health Complaint Forms:
  Some cities or counties in West Virginia offer health or nuisance complaint forms through local health departments. Visit the West Virginia Department of Health & Human Resources website and select your county or city for official forms and instructions.

These documents help create an official record and show you’re taking reasonable steps to address secondhand smoke in your rental.

Your Options if the Problem Persists

If your landlord does not resolve the issue after notification and you’re still experiencing health and safety problems, you may:

• Contact your local housing authority, code enforcement, or health department for an inspection.
• Seek guidance or file a case with the Magistrate Court’s Civil Division, which handles landlord-tenant disputes in West Virginia. You can learn more at the West Virginia Magistrate Court information page.
• Consult a legal aid or tenant advocacy organization for support and guidance. See resources below.

Be sure to maintain all evidence of correspondence and complaints.

West Virginia Tribunal Handling Residential Tenancies

In West Virginia, the Magistrate Court in each county handles residential landlord-tenant disputes, including habitability and health issues. Visit the Magistrate Court official webpage for procedures and local contact details.

FAQ: Secondhand Smoke Complaints in West Virginia Rentals

1. Is it legal for my neighbor to smoke in their apartment in West Virginia?
   Unless a lease or building policy prohibits smoking, state law does not ban smoking in private units. However, when smoke significantly affects your health or safety, this could become a habitability issue.
2. Can I break my lease due to secondhand smoke?
   If unhealthy smoke exposure continues and your landlord does not address it after written notice, you may have grounds to terminate the lease early based on habitability, but you must follow the appropriate legal process and documentation. Magistrate Court can review these cases.
3. Who do I contact for help about secondhand smoke problems in my rental?
   Your first point of contact should be your landlord. If issues persist, contact your local health department or county housing authority. Legal aid services can also help.
4. Are there smoke-free laws for apartment buildings in West Virginia?
   State law does not require apartment buildings to be smoke-free, but landlords can choose to implement their own no-smoking policies. Check your lease and ask your landlord should you have questions.
5. What if I have a medical condition made worse by smoke?
   You may request a reasonable accommodation under the Fair Housing Act for a smoke-free environment, especially if your health is affected. Provide your request and doctor’s note, if possible, to your landlord in writing.

Conclusion: Key Takeaways for West Virginia Renters

• There is no state law banning smoking in private rentals, but landlords must maintain safe, habitable homes.
• If you’re exposed to secondhand smoke, document the problem and notify your landlord in writing.
• Contact local authorities or Magistrate Court for unresolved issues, especially if your health or safety is affected.

Stay proactive, keep thorough records, and reach out to local support organizations if secondhand smoke remains an issue.

Need Help? Resources for Renters

• West Virginia Department of Health & Human Resources—Find Your Local Health Department
• West Virginia Magistrate Court: Landlord-Tenant Disputes
• Mountain State Justice: Tenant Legal Help
• HUD Fair Housing—West Virginia

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1. West Virginia Code Chapter 37, Article 6 – Residential Rental Agreements

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