Nuisance

• Definition:

  • Anything that is injurious to health, indecent, offensive to the senses
  • Substantial interference with the enjoyment of life or property
  • Does not explicitly include secondhand smoke

• Remedy:

  • Court order to stop smoking
  • Recovery of any damages (hard to prove?)

• Enforcement

  • Tenant must file a private lawsuit in civil court

Previous slide

Next slide

Back to first slide

View graphic version

Emphasize the difficulty in establishing a nuisance. E.g., no nuisance if neighbor plays loud music on Friday night once a month, but nuisance is band practices upstairs every night.