Once the dangers of tobacco became well known, researchers and safety experts began warning the public of not only the direct consumption of tobacco products but also secondhand exposure. Those in close proximity to others ingesting tobacco products can end up developing many of the same medical issues that plague regular smokers.
Thirdhand smoke is not as well known. It involves the residual smoke that develops on surfaces where people consume tobacco. Can landlords penalize tenants for the effects of thirdhand smoke on a unit if the tenant never consumed tobacco on the premises?
Severe thirdhand smoke exposure could cause damage
How long someone stays in a unit and how frequently they consume tobacco products can have a major impact on how much thirdhand smoke they create in a unit. In theory, landlords can potentially file a claim against a tenant if thirdhand smoke damages the unit during their tenancy.
Landlords in New York and elsewhere often impose restrictions on smoking in their units because tobacco smoke can stain surfaces throughout a unit and possibly to health concerns, especially among those with respiratory issues. There are chemical tests that can determine if the residue on dwelling unit surfaces is from tobacco products.
If there is enough thirdhand smoke to trigger a positive response on those tests, landlords could potentially retain part or all of someone’s security deposit or even take them to court in an attempt to remediate the damage caused by the thirdhand tobacco smoke. Recognizing how smoking could damage a rental unit can help landlords and tenants avoid or better navigate conflicts about personal habits.
