Utah § 78B-6-1106 Rental units -- Tobacco smoke -- Drug fumes.

Utah Statutes

§ 78B-6-1106 — Rental units -- Tobacco smoke -- Drug fumes.

Utah § 78B-6-1106

Title 78BJudicial Code

Ch. 78B-6Particular Proceedings

Part 78B-6-11Nuisance

This text of Utah § 78B-6-1106 (Rental units -- Tobacco smoke -- Drug fumes.) is published on Counsel Stack Legal Research, covering Utah primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Utah Code Ann. § 78B-6-1106 (2026).

Text

(1)There is no cause of action for a nuisance under Subsection 78B-6-1101(4)(a) if the rental, lease, restrictive covenant, or purchase agreement for the unit states in writing that:

(1)(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

(1)(b) by signing the agreement the renter, lessee, or buyer acknowledges he has been informed that tobacco smoke may drift into the unit he is renting, leasing, or purchasing, and he waives any right to a cause of action for a nuisance under Subsection 78B-6-1101(4).

(2)A cause of action for a nuisance under Subsection 78B-6-1101(4)(a) may be brought against:

(2)(a) the individual generating the tobacco smoke;

(2)(b) the ren

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(1) There is no cause of action for a nuisance under Subsection 78B-6-1101(4)(a) if the rental, lease, restrictive covenant, or purchase agreement for the unit states in writing that:
(1)(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
(1)(b) by signing the agreement the renter, lessee, or buyer acknowledges he has been informed that tobacco smoke may drift into the unit he is renting, leasing, or purchasing, and he waives any right to a cause of action for a nuisance under Subsection 78B-6-1101(4).
(2) A cause of action for a nuisance under Subsection 78B-6-1101(4)(a) may be brought against:
(2)(a) the individual generating the tobacco smoke;
(2)(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
(2)(c) the landlord, but only if:
(2)(c)(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;
(2)(c)(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
(2)(c)(iii) the landlord knowingly allows the continuation of a nuisance under Subsection 78B-6-1101(4) 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)(c)(i).
(3) A cause of action for nuisance under Subsection 78B-6-1101(4)(b) may be brought against:
(3)(a) an individual who generates fumes by the unlawful manufacturing or the unlawful possession or use of a controlled substance;
(3)(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
(3)(c) a landlord, but only if:
(3)(c)(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
(3)(c)(ii) the landlord knowingly allows the continuation of a nuisance under Subsection 78B-6-1101(4)(b) after receipt of written notice under Subsection (3)(c)(i).