Smoke Nuisance

[Anthony Conte]

I currently have a 4 unit complex in Dallas Texas.  A new tenant just moved in and the other tenants have complained about the smell of pot resonating to their units.

I have communicated to the new tenant about other tenants complaining about smoke resonating from her apartment and I pointed out that I advertised the apartment as a smoke free apartment.  The new tenant responded back that she is not smoking and the smell is possibly the smell of her incense candles.

Unfortunately I did not have a 'No Smoking Policy' in the lease.  I have since updated the lease template that I use.  I feel I do not have legal ground to pursue this any further since there is not a 'No Smoking Policy' in the lease.

That being said, are there laws in place that would give a landlord legal ground to pursue this further?  Such as law that protects other tenants being effected by 2nd hand smoke? This is a business and can this property be construed as such and laws protecting other customers (tenants)?

Any feedback is greatly appreciated.

Thanks.