if there was asbestos in the building, do you think a landlord would be within their rights to suggest that it is not a non-asbestos building and if the asbestos bothers the tenant then that tenant should move to a non-asbestos building?

you're right: it's not a good comparison. but, it's not a good comparison because second hand smoke is far more deadly than asbestos is.

i live in a very progressive left-leaning legal jurisdiction. we have "social justice tribunals". and, they're exactly what they sound like.

i am not certain, but think the property owners are dual american citizens and have spent much of their lives in the united states.

as noted: they're in for a surprise.