Utah Code § 78B-6a § 78B-6a-405
Limitations on tobacco and drug nuisance actions.
Operative Text
Limitations on tobacco and drug nuisance actions. (1) There is no right of action under this chapter for a tobacco nuisance if the rental, lease, restrictive covenant, or purchase agreement for the unit states in writing that: (a) tobacco smoking is allowed in other units, either residential or commercial, and that tobacco smoke from those units may drift into the unit that is subject to the agreement; and (b) by signing the agreement the renter, lessee, or buyer acknowledges they have been informed that tobacco smoke may drift into the unit they are renting, leasing, or purchasing, and they waive any right to a cause of action for a tobacco nuisance. (2) A cause of action for a tobacco nuisance may be brought against: (a) the individual generating the tobacco smoke; (b) the renter or lessee who permits or fails to control the generation of tobacco smoke, in violation of the terms of the rental or lease agreement, on the premises the renter or lessee rents or leases; or (c) the landlord, but only if: (i) the terms of the renter's or lessee's contract provide the unit will not be subject to the nuisance of drifting tobacco smoke; (ii) the complaining renter or lessee has provided to the landlord a statement in writing indicating that tobacco smoke is creating a nuisance in the renter's or lessee's unit; and (iii) the landlord knowingly allows the continuation of a tobacco nuisance after receipt of written notice under Subsection (2)(c)(ii), and in violation of the terms of the rental or lease agreement under Subsection (2)(b). (3) A cause of action for a drug nuisance may be brought against: (a) an individual who generates fumes by the unlawful manufacturing or the unlawful possession or use of a controlled substance; (b) a renter or lessee who permits or fails to control the generation of fumes from the unlawful manufacturing or the unlawful possession or use of a controlled substance on the premises the renter or lessee rents or leases; or (c) a landlord, but only if: (i) the complaining renter or lessee has provided to the landlord a statement in writing indicating that fumes from the unlawful manufacturing or the unlawful possession or use of a controlled substance are creating a nuisance in the renter's or lessee's unit; and (ii) the landlord knowingly allows the continuation of a drug nuisance after receipt of written notice under Subsection (3)(c)(i). (4) It is a defense to a drug nuisance if the defendant can prove that the defendant is lawfully entitled to the possession or use of a controlled substance.
Under Utah Code Ann. §§ 78B-6a-101, 78B-6a-103, 78B-6a-302 to -304, 78B-6a-405, Utah law sets out specific conditions under which tobacco and drug nuisance claims can—and cannot—be brought in housing contexts. A tobacco nuisance claim is barred when a written agreement clearly discloses that smoke may drift from other units and the signing party explicitly waives their right to such a claim. Drug nuisance claims can be brought against the person generating illegal drug fumes, a tenant who permits it, or a landlord who knowingly allows it to continue after receiving written notice.
Plain English — not legal advice.
Property owners and managers operating under Utah Code Ann. §§ 78B-6a-101, 78B-6a-103, 78B-6a-302 to -304, 78B-6a-405 generally ensure that any rental or lease agreement clearly discloses whether tobacco smoking is permitted in other units and whether smoke may drift, and that tenants sign an acknowledgment waiving tobacco nuisance claims if applicable. Compliant operators who promise a smoke-free environment typically respond promptly and in good faith when a tenant submits written notice of a tobacco or drug nuisance, since knowingly allowing a nuisance to continue after written notice can expose a landlord to liability. Maintaining thorough written records of lease terms, tenant notices, and any remedial steps taken is a common practice among operators seeking to stay within the framework this statute establishes.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Under Utah Code Ann. §§ 78B-6a-101, 78B-6a-103, 78B-6a-302 to -304, 78B-6a-405, tenants who experience drifting tobacco smoke or drug-related fumes may have grounds to bring a nuisance claim, depending on what their lease says and whether proper written notice has been given to the landlord. Tenants whose lease guaranteed a smoke-free environment and who have provided the landlord with written notice of the nuisance may be able to pursue a claim against the landlord if the problem knowingly continues. Tenants navigating these situations may find it helpful to consult a tenant-rights organization or legal aid service familiar with Utah housing law to understand which enforcement paths—such as a private nuisance action—may be available to them.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated October 16, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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