Jury finds heavy smoking to be grounds for eviction

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

[Boston Blackie]

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.

The landlord who rented the Sleeper Street unit to Erin Carey and Ted Baar ordered them out within a week last November, after neighbors complained of the smoke odors filtering into their apartments.

[HEY4QDEMS]

I am a landlord and I decide what can and cannot be done on my property.

If, as a renter you do not like my decision, see you later.

I agree, from a big picture perspective, the property owner should have the ultimate say.

Anyone who tries to make this a smokers rights issue is off the mark.

However I do think that a no smoking clause should be indicated on the front end of the agreement.

[Publius6961]

LOL!

Love that cartoon!

[tob2]

Garlic is extremely healthy for the body. Even wards off vampires!

[MEGoody]

after neighbors complained of the smoke odors filtering into their apartments.

This sounds like the landlord's fault. If smoke odors can filter into apartments, so can lots of other things.

This couple obviously should appeal.

[SheLion]

Love that cartoon!

Ta Ta! LOL!

[tob2]

Cigarette smoke can be difficult for people with respiratory problems to deal with. Even when it's outdoors.

[MEGoody]

Now you tell me, since I don't choose to smoke, what the solution is?

Sounds like your landlord has some work to do on the apartments.

[MEGoody]

Anyone who tries to make this a smokers rights issue is off the mark.

How about a contractual issue? The lease allows smoking - the landlord is kicking them out for doing something the lease says they can do. It's a violation of a contract.

[Boston Blackie]

Today is four months tobacco free for me. I quit cold turkey on 2/16 from smoking 2+ pax a day. I just realized it has been 1/3 of a year.

Congratulations and continued success. I stopped a 3 pax a day habit 10 years ago...it took a couple of dozen attempts.

[somerville]

I also live in an apartment building. The woman who lives above me never leaves her apartment and chain smokes all day. The tenant above her who was asthmatic had to move out because it was coming into her apartment - which stank of cigarette smoke. And in hot weather, her smoke permeates the entire building. I'm gonna show this article to my landlord.

[dmz]

If you're gonna go to the trouble of breaking a head of garlic up, I believe you ought to just use the whole thing.

[SheLion]

Cigarette smoke can be difficult for people with respiratory problems to deal with. Even when it's outdoors.

Just poking fun. Don't get nervous. :)

[snarks_when_bored]

Most arguments have a supposition in them somewhere. If you find one that doesn't, write it up because logicians will be interested to read it.

[HEY4QDEMS]

Cigarette stench nor garlic odor stop at the confines of an individuals apartment wall. Some people find garlic as offensive as cigarettes. Does that justify banning garlic?

No

[oceanperch]

Cigerette smoke is awful.
I say make ban them and make everyone smoke real tobacco CIGARS AND PIPES!

[EdHallick]

How does the smoke get into your apartment? I`m just curious because where I live I know the guy below me smokes like crazy (he coughs his brains out every morning and he always has a cigarette in his mouth) but I never smell anything, and I don`t live in one of those well insulated apt buildings, you can hear everything through the walls and floors (yes, you can hear that too)...It`s just I would imagine the latex paint which is like rubber keeps out the smoke from my place, but there is no way my place smells like that of a heavy smoker. Noise, now that`s another problem. The worst is when a Spanish family use to live above me and play Spanish music seemingly 24 hours a day LOUD (I live in NYC) That was solved when I put a speaker up to my ceiling and blasted punk rock for a few hours.

[SheLion]

How about a contractual issue? The lease allows smoking - the landlord is kicking them out for doing something the lease says they can do. It's a violation of a contract.

It's kinda like an Internet provider advertising $9.99 a month unlimited usage.

Then, when you are online for 5 or more hours, you get a warning.  Three warnings and they disconnect you.  This happened to me.  Thank God for DSL!

[tob2]

Not all of us are lucky enough to be homeowners. Apartment living can be a huge pain in the rear. Apartment living means compromising and being considerate of those around you. Sadly, this fact escapes about 99% of renters.

[SheLion]

I say make ban them and make everyone smoke real tobacco CIGARS AND PIPES!

Oh! We women would look real cute smoking big stoogie's and pipes alright!