Resolving Exposure to Secondhand Smoke in Apartments and Condos
Practical steps for renters, condo owners, and HOA residents in Colorado
If tobacco or marijuana smoke is entering your apartment or condo from a neighboring unit, common area, or shared building system, begin by documenting the problem, identifying possible smoke pathways, and contacting the appropriate decision-maker for your building or property. Colorado currently has no statewide law that regulates smoking inside individual units in multiunit residences. Colorado’s Clean Indoor Air Act requires no-smoking policies in indoor common areas and main entrances, with some community exemptions, of residential apartment buildings.
The suggestions below may help apartment and condo residents seek relief. Your options may differ depending on whether you rent, own a condo, or live in a building governed by an HOA. Additional resources and tips are available in the More Helpful Materials section of the My Smoke-Free Housing website.
Important: GASP provides these suggestions as a public service. Nothing in this document should be considered legal advice; please consult an attorney before pursuing legal action. Colorado law does prohibit housing providers from retaliating against residents for reporting unsafe housing conditions.
If your everyday life or health is affected by exposure to secondhand tobacco or marijuana smoke in your housing, you may be able to use the Fair Housing Act, which prohibits housing discrimination against people with disabilities. GASP provides a Request for Accommodation Flow Chart and a list of Colorado fair housing agencies. Local health departments may also provide materials, cessation resources, mediation referrals, or complaint assistance through the state’s smoking violation reporting process.
Track every step you take to eliminate or reduce smoke entering your residence. Write down what happened, when it happened, who you contacted, what was said, and what you received in writing. GASP’s tracking form can help you organize your records.
Tobacco or marijuana smoke can migrate through ventilation systems or enter through plumbing-fixture gaps, baseboards, sprinkler heads, light-fixture openings, plaster cracks, bathroom fans, and other unsealed openings. Sealing the largest openings may help reduce smoke entering a unit, but it may not eliminate the harm caused by breathing secondhand smoke. No air-filtration device currently available can remove all toxic or cancer-causing chemicals from tobacco or marijuana smoke.
If you rent, review your lease for nuisance, quiet enjoyment, health, safety, ventilation, or smoke-free provisions that may support a written request to your landlord or property manager. If you live in a condo, review the declaration, bylaws, rules and regulations, and HOA complaint process to see whether smoking, nuisance, or air-transfer problems are addressed. Condominium and HOA rules may require board approval, owner votes, or formal rulemaking before a no-smoking policy can be adopted. GASP provides additional tips for condominiums and HOAs.
If you or someone in your residence has a health condition such as asthma, allergies, cancer, pulmonary disease, or cardiac disease that makes avoiding tobacco or marijuana smoke necessary, ask a medical provider for a letter stating that exposure to secondhand smoke should be avoided because of health concerns. Send a copy to management by certified mail with return receipt requested. Even without a diagnosed condition, you may be able to ask your provider to document how secondhand smoke affects you.
If you rent, contact your landlord or property manager first and follow up in writing so there is a clear record of the problem, dates, health impacts, and requests for action. If you live in a condo, submit your concern through the HOA or management-company process and ask what rule, maintenance, sealing, ventilation, or enforcement options are available. Sending copies to your local tobacco-prevention program may help. GASP also offers a sample letter-writing tool and a Colorado guide to establishing no-smoking policies in multiunit housing.
A concern raised by several residents may be taken more seriously than a complaint from one person. Contact neighbors who may also be affected, participate in resident or HOA meetings, write an article for an apartment or community newsletter, or post notices on building bulletin boards if permitted by property rules. Resident surveys, with management or HOA consent, may help show support for a smoke-free policy. Local tobacco-prevention or fair housing programs may be able to provide resources or referrals.
Educate others about the dangers of secondhand smoke. People may respond differently when they understand that secondhand smoke causes serious health risks and contains toxic and cancer-causing chemicals. For more information about secondhand tobacco smoke, visit the GASP website. For information about secondhand marijuana smoke, visit smokeissmoke.com.
Mediation may help bring residents, management, owners, or HOA representatives together to resolve the issue. It is often less costly than going to court. The Colorado Mediation Association provides an online system for finding paid mediators, and your local tobacco-prevention program may help identify free or low-cost services.
If you rent and can end your lease, transfer units, or reach a written mutual lease termination agreement without serious financial or health consequences this may be worth pursuing. Otherwise, moving may still be the best option and may be easier, faster, and less expensive than a lawsuit. Renters may ask whether the landlord is willing to agree to a mutual lease termination, sometimes called a lease-break agreement, especially when secondhand smoke exposure is affecting health or use of the home. Any agreement should be confirmed in writing and should clearly state the move-out date, fees or waived fees, deposit handling, and release from future rent obligations. If you own or live in a condo, moving may be more complicated, so also consider whether HOA enforcement, mediation, sealing, or rule changes are realistic. Before moving, confirm that your next apartment or condo has a clear smoke-free policy that applies to units, balconies, patios, and common areas. Mysmokefreehousing.com lists residential buildings with smoke-free policies.
You may have a stronger case if you can document that you made every reasonable attempt to resolve the problem. Going to court can be expensive, time-consuming, and uncertain. If you are considering legal help, review GASP’s tips for hiring a lawyer. Possible resources include Colorado Legal Services, fair housing agencies, the Colorado Bar Association Lawyer Referral Service, and the Colorado Trial Lawyers Association. Renters may also wish to review information about Colorado’s Warranty of Habitability law and housing-assistance resources from Colorado Housing Connects.
The Colorado Group to Alleviate Smoking Pollution (GASP) was a 501(c)(3) statewide nonprofit founded in 1977 to safeguard public health by eliminating secondhand smoke in workplaces, public places, and multiunit housing. GASP believed that no one should be subjected to secondhand smoke, whether from tobacco, marijuana, or electronic smoking devices. GASP dissolved in 2026, but its websites remain available as public resources. To learn more, visit gaspforair.org.
· For direct assistance with secondhand smoke exposure in public places or multiunit housing, contact your local Colorado health department tobacco-prevention program.
· For smoke-free housing tips and resources, visit mysmokefreehousing.org.
· For information about GASP and secondhand smoke, visit gaspforair.org.
· For information about secondhand marijuana smoke, visit smokeissmoke.com.
May be reprinted or copied with appropriate attribution to the Group to Alleviate Smoking Pollution (GASP of Colorado) © 2026.