Tobacco Smoke

• This part of the Code defines when tobacco smoke that drifts into a residential unit constitutes a nuisance under Utah law.
• This part defines a "nuisance" as "anything which is injurious to health, indecent, offensive to the senses, or an obstruction to the free use of property, so as to interfere with the comfortable enjoyment of life or property."  (Subsection 78B-6-1101(1)).
• A nuisance is further defined to include "tobacco smoke that drifts into any residential unit from another unit two times or more per week for two weeks in a row, and creates a condition that is "injurious to health, indecent, offensive to the senses, or an obstruction to the free use of property, so as to interfere with the comfortable enjoyment of life or property."  (Subsection 78B-6-1101(3)).  But, this does not apply to: (1) short-term rental units available for only 30 or fewer days at a time, or (2) timeshare units.  (Subsections 78B-6-1101(4), (5)).
• If a tobacco smoke nuisance exists, the affected person may sue the person that is smoking (or, under certain conditions, the renter and the landlord, if a rental), to obtain a judgment to stop the smoking and for damages, if any.  (Section 78b-6-1106).

Drugs, Party House, Weapons

• This part also provides that an individual or group of individuals (an HOA, for instance) may ask a court to evict the tenant when the premises are used for drug activity, frequent parties creating a nuisance, or weapons at the premises in violation of Utah Code Title 76, Chapter 10, Part 5, Weapons.