This Week's Question

October 31, 2005

By Nena Groskind

Q:    I own a duplex in which I occupy one unit and rent the other. Although my tenant is fine in most respects, she smokes and I am suffering from the effects of her second-hand smoke. What limitations, if any, can I impose?

A:    If you did not include a no-smoking clause in the existing lease or rental agreement, you can’t add that requirement now, unless your tenant agrees; but you certainly can make a smoke-free environment a condition of the agreement you offer this tenant when the current rental term expires.

In the meantime, as a first step, you should try talking to your tenant if you haven’t already done so. Explain that you are sensitive to the second-hand smoke and see if you can persuade her, if not to stop smoking, then at least to stop smoking inside the unit. If she isn’t able or willing to do that, you should plan on finding another tenant.

Give your existing tenant the appropriate notice (at least 30 days or one rental period for a tenant-at-will) that you intend to change the terms of the rental agreement by barring smoking in the unit. She can then decide whether to accept that condition or find another place to live. Bear in mind that your tenant’s signature on this agreement won’t guarantee that she will stop smoking in the unit; but it will give you grounds for evicting her if she doesn’t.