Are landlords/property owners responsible for health issues caused by second-hand smoke on rental property?

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Are landlords/property owners responsible for health issues caused by second-hand smoke on rental property?

Asked on January 22, 2012 under Real Estate Law, Georgia

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Landlords and property owners are not responsible for resulting health issues per se on rental properties caused by second hand smoke. Rather, some counties and municipalities have enacted ordinances that landlords could be responsible for breaching the covenant of quiet enjoyment of a non-smoking tenant if the landlord does not attenpt to remediate smoke infiltration caused by a smoking tenant into a non-smoking tenant's rental.

In such a situation where there is failure to remediate, the tenant is entitled to end his or her lease without recourse from the landlord assuming there is an applicable statute or ordinance in place.


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