Secondhand smoke was drifting into a tenant’s apartment from the downstairs unit. The landlord’s attempts to caulk and seal vents did not fix the problem. The tenant stopped paying her rent and moved out after the landlord refused to allow the tenant to move to a new unit. The landlord sued the tenant for violating her lease and the tenant responded with claims (1) that the landlord violated the warranty of habitability; (2) that she was constructively evicted from her unit because she was unable to use and enjoy the premises; and (3) that the landlord breached the covenant of quiet enjoyment. Leases in the apartment building specified that causing secondhand smoke to infiltrate other apartments may constitute a nuisance, a health hazard, and may infringe on the quiet enjoyment of other tenants. The court ruled in favor of the tenant, finding that the landlord failed to meet its obligations, which resulted in a constructive eviction of the tenant. The court ordered the landlord to reduce the tenant’s rent by a total of $2,852 based on a specific percentage each month.
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.
An individual or organization may seek civil damages against a tobacco company based on the claim that the use of tobacco products causes disease or death. Some of these cases will relate to general tobacco products, while others will relate to specific subcategories of tobacco products--for example, light or low products, menthol or other flavored products. Additionally, there may be cases relating to exposure to secondhand smoke.
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.
Secondhand smoke was drifting into a tenant’s apartment from the downstairs unit. The landlord’s attempts to caulk and seal vents did not fix the problem. The tenant stopped paying her rent and moved out after the landlord refused to allow the tenant to move to a new unit. The landlord sued the tenant for violating her lease and the tenant responded with claims (1) that the landlord violated the warranty of habitability; (2) that she was constructively evicted from her unit because she was unable to use and enjoy the premises; and (3) that the landlord breached the covenant of quiet enjoyment. Leases in the apartment building specified that causing secondhand smoke to infiltrate other apartments may constitute a nuisance, a health hazard, and may infringe on the quiet enjoyment of other tenants. The court ruled in favor of the tenant, finding that the landlord failed to meet its obligations, which resulted in a constructive eviction of the tenant. The court ordered the landlord to reduce the tenant’s rent by a total of $2,852 based on a specific percentage each month.