Tenant Smoking with Oxygen?

[Account Closed]

Hi all,

I have an inherited tenant in a unit which allows smoking in the apartment - they pay rent on time, cause no real problems, are generally "okay" overall.

The problem is that one of the two tenants is on disability and uses oxygen while the other one smokes. As far as I know, the person actively using the oxygen does not smoke, but I honestly can't say I'm 100% sure. Assuming the person on oxygen does not smoke, is there a reasonable justification for me prohibiting smoking inside the apartment?

Don't get me wrong, I know how dumb of a decision it is - I'm mostly concerned about the potential liability if something were to go wrong and a fire were to start. This unit is the top floor of a duplex, so if something were to happen it could potentially affect another unit.

If it makes a difference, these tenants have been in the same unit for 4 years with no incident to this point.

Have any of you dealt with this situation? If so, how did you approach the topic? I'd rather not have this somehow turn into a discriminatory issue against someone with a disability, so I have a feeling it'll be a touchy subject.

Thanks!