78B-6a-405. Limitations on tobacco and drug nuisance actions.

447 words·~2 min read·/ut/title-78b/chapter-6a/78b-6a-405

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

Effective 5/6/2026

(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.

Renumbered and Amended by Chapter 401 , 2026 General Session