A condominium landlord sought to evict a tenant and her co-tenant based on excessive smoking, which the landlord believed created a nuisance for other tenants. The tenant argued that any problems due to cigarette smoke were caused by the landlord’s failure to keep the unit in good condition. At trial, the jury ruled in favor of the landlord. In a later decision, a court denied the tenant’s request for a new trial. The tenant subsequently moved out so the landlord’s claim for possession of the property was no longer relevant.
Some jurisdictions allow an individual or organization to initiate an action against another private party who is not following a particular law. For example, a person may sue a restaurant that allows smoking despite a smoke free law. If the plaintiff is claiming the violation of the law caused physical harm, this may also be a personal injury case.
A claim for violating a law protecting tenants or home owners, such as the covenant of quiet enjoyment, the warranty of habitability, constructive eviction, or trespass. For example, a tenant could sue a neighbor or the property owner when exposed to drifting secondhand smoke in their home.
A condominium landlord sought to evict a tenant and her co-tenant based on excessive smoking, which the landlord believed created a nuisance for other tenants. The tenant argued that any problems due to cigarette smoke were caused by the landlord’s failure to keep the unit in good condition. At trial, the jury ruled in favor of the landlord. In a later decision, a court denied the tenant’s request for a new trial. The tenant subsequently moved out so the landlord’s claim for possession of the property was no longer relevant.