Jury finds heavy smoking to be grounds for eviction

The Boston Globe ^ | By Ralph Ranalli and Jonathan Saltzman | June 16, 2005

[pageonetoo]

Are you that dense, or do you just pretend. Somebody complained that they smelled tobacco smoke, and it was offensive to them. That is quite subjective, and open wide, for interpretation.

In his LEASE CONTRACT, smoking cigarettes was not forbidden. Just because the HOA wanted to bitch, and fine the landlord, it was the landlords obligation to protect the smokers interests. He has been given a pass...by smoke nazis...

Go peddle your tricycle...

[Modernman]

Somebody complained that they smelled tobacco smoke, and it was offensive to them. That is quite subjective, and open wide, for interpretation.

That's why we have courts, and juries. For hundreds of years, juries have been applying the "reasonable man" standard to nuisance and real estate disputes. There is no other way to determine whether or not a particular activity is unreasonable.

In his LEASE CONTRACT, smoking cigarettes was not forbidden.

True, but there was a more general lease provision forbidding offensive odors. Unless a lease specifically prohibits a certain activity (such as having pets or smoking), then you are allowed to reasonably engage in such activity. However, a general provision in a lease banning offensive odors, sounds, activities etc. would prevent you from subjecting your neighbors to constant cigarette smoke or from owning 20 cats that stank the building up to high hell.

Just because the HOA wanted to bitch, and fine the landlord, it was the landlords obligation to protect the smokers interests.

Huh? I didn't see anything in the article about a HOA. Other tenants complained to the landlord, who decided to evict these tenants for their unreasonable activities. A jury agreed that their constant smoking violated their lease.

[Modernman]

Whoops, I stand corrected. There is a condo board involved. It doesn't really change anything here, though. These folks violated their lease, plain and simple.

[Paul C. Jesup]

In a case that tobacco law specialists say is one of the first of its kind in the nation, a Boston Housing Court jury ruled that a South Boston couple could be evicted from their rented water-view loft for heavy smoking, even though smoking was allowed in their lease.

I don't see this decision standing on appeal, because if it is upheld, it is stating the renters are no longer protected by the leases they sign.

In a nutshell, if the decision is upheld it voids ALL contract lease agreements in that state.

[The Foolkiller]

The Demon Seed....BWAhAHaHA! By the way, She, I'm really surprised that no one, including you, picked up on this.....

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1stFreedom is taken from the NRA...It's a gun thing.

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Please see post #202 for details. :D

[SheLion]

Please see post #202 for details. :D

You lost me...... ??????

[The Foolkiller]

Wow. What a GREAT screen name you chose. I think " selective freedom" would have suited you better, though.-FK, post 202

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What's so hard to understand about that, gorgeous? He's a gun-rights nut, so on that, he's a conservative. But only on that issue. Screw private property rights, freedom of assembly/association, others who are discriminated against, etc. I haven't owned a handgun since the 70's, when I got rid of the one I had because my kids were little, and was afraid they'd somehow get to it. Yet, I still helped campaign for Ohio's recent concealed carry law, which the cRATS & RHINOS here had been stalling off for years. It'll be a cold day in hell when I do a damned thing for the gun lobby again.

[BigCinBigD]

Let freedom ring!
Er,excuse me while I take this call.
Hello? Loud ringing noise?
Your cat cant sleep?
Yes I'll put a stop to it at once!
Goodbye.

Sorry folks. No more ringing freedom someone's cat cant sleep.

[The Foolkiller]

This crap is spreading, too. In case you weren't aware-In NY, thousands of New Yorkers living in public housing could soon be banned from smoking in their apartments. RHINO Guv Phew-Tacky said he is not comfortable with the state telling people what they can do legally behind closed doors (right-guess that's why the ass*&^Le pushed for a statewide ban in the first place).

[Keith in Iowa]

>>>More proof either smokers have no clue how offensive cig smoke is or smokers are supremely selfish.

Both are very much true - evidenced by some of the responses in this thread...

[radiohead]

As long as tobacco is legal, people should be allowed to smoke in their own homes.

I agree, tho I'm a non-smoker. But here's a problem - the smoker decides he doesn't want to smoke up his apartment. Smoker goes out on balcony to smoke, smoke rises and comes in my windows. Does the guy have a right to smoke in his place? Sure he does. I just don't see where I'm supposed to be subjected to his smoke or keep my windows closed all the time.

Not everyone in an apartment can get a house. For one thing, many condos are apartment-like, so even if you are 'da boss' you still have people around you, people are only temporarily in a location and don't want to buy a house when they'll be moving again, some disabled folks do better in easily maintained apartments, and some people just can't afford a house. Should they all have to suffer someone else's smoke because they aren't in a house?

[SheLion]

What's so hard to understand about that, gorgeous? He's a gun-rights nut, so on that, he's a conservative. But only on that issue. Screw private property rights, freedom of assembly/association, others who are discriminated against, etc. I haven't owned a handgun since the 70's, when I got rid of the one I had because my kids were little, and was afraid they'd somehow get to it. Yet, I still helped campaign for Ohio's recent concealed carry law, which the cRATS & RHINOS here had been stalling off for years. It'll be a cold day in hell when I do a damned thing for the gun lobby again.

Oh ok!  I must have had a blond moment.  I understand now.

Well, as long as bans, control and restrictions don't touch others, the others think it's ok for us to be the target since they are not.

They won't stand up for our freedom of choice and guess what?  When it's their turn in front of the "anti squad," I won't care about them either.  I'm keeping a list.  I know who is for us and who is against us in Free Republic.

[SheLion]

Walking around the unit with their lawyer looking on, Carey pointed out what the couple said were numerous structural problems, including a ventilation unit patched together with duct tape, holes and gaps in the exposed brick walls, and a closet ceiling where the planks of the subfloor of the unit above were clearly visible.

[cgbg]

To some of us, the smell of cigarette smoke, even at a distance, is almost as offensive as the smell of rotten eggs

I sympathize, I really do.

So I hope you will understand what I find most offensive on the planet and together we can work together for an amicable solution.

I get sick, visibly sick, at the sight of heavily overweight women. They make me want to puke (I am serious, here.)

The questions is, if I lived in an apartment with a bunch of them, can I get them kicked out of building?

Should I be able to?

Can I keep them off subways, buses, out of high rise buildings I might frequent.

Is this my problem or is it theirs?

Think about it.

[pageonetoo]

I am sure you had intended to make a comment along with that post. It did nothing to respond to anything I posted.

This is a simple question of your definition of YOUR rights. I just read #254, and chuckled...

It's all about "me", not me...

There is a term called "reasonable accomodation". That means you try and keep your neighbor happy. But, if you're italian, you cook with a lot of garlic, and oregano, EVERY DAY, and many like for those pots to stew on the stove all day. If Persian, an aromatic lamb could be on the menu. If from India, the smell of cumin and curry will waft on a constant basis.

Some people may work for the swewer company, and come home, flop in a chair, with a beer, then go shower. I'm sure their chairs smell fine, and pleaant odors constantly arise.

Smoking is not proven to kill people. There are STATISTICS used by LAWYERS to get money. Second hand smoke has now been disproven to have an connections of a greater risk of anything... Sorry, ex-Senator Edwards.

It all just boils down to who's got the power to make the rules, The smokers need to be more like the faggots. ...IN YOUR FACE!

I smoke cigars. I smoke a pipe. I'll hit one for you...

[SheLion]

It all just boils down to who's got the power to make the rules, The smokers need to be more like the faggots. ...IN YOUR FACE!

I agree with all you said. And just like the group you mentioned, they really are IN our face! The gays are getting their rights, while the war on the poor smokers go on and on and on.

I could get gross here, but I just had breakfast. heh! :)

Hey! Let's slap a huge tax on Gay Rights! What's fair is fair. Correct? heheh!

At least smoking is still legal.............

[pageonetoo]

At least smoking is still legal.............

At least SOME smoking is still legal...

I see very little difference in the WOD position on marijuana...........

[pageonetoo]

I hit the button while accidentally erasing half my post, somehow...

I believe the demonization of marijuana is largely fueled by money from the alcohol industry, abetted by those who keep the courts churning...

[SheLion]

At least SOME smoking is still legal...

Well, when "I" talk about smoking, most know that I am talking about RJR cigarettes. :)

I know very little about pot and pot smoking except that it is illegal.  Smoking our kind of cigarettes are taxed to high heaven but is still a very legal commodity.

[pageonetoo]

I know very little about pot and pot smoking except that it is illegal.

I smoked A LOT of it when I was younger, for many years. I know the truth.

I have managed to amass a nice estate for my five children. Only my second wife gets any of it. It includes four homes, and four businesses, in four states. That flies in the face of their claims that it despoils your being, and makes you worthless. That was where I began...

Of course, they will claim I am the exception. I can introduce them to many of my friends, with similarly sucessful pasts. They were frequent users of the demon weed, as well.

I would fire one up now, if I didn't have to look over my shoulder...