Do you have a right to smoke in your own home!

I think people have been smoking in rented places for many years,and untill all these dont smoke in my space people have croped up you never heard anyone complain about all this before.I understand if you signed papers in the begening of renting and i truly think with proper ventilation you would not be smelling the smoke from one person thru the building. When are we going to stop with all this petty stuff and begin to make loud protest about things that are really important be it there or here.

Well I think what you really have to be asking is why on earth this landlord did not put it in the lease agreement that the property is non smoking. Then the landlord would be right no matter what the tennant says. The landlord though could easily go down the line though that it is devaluing the property which I am sure plenty of studies have proved. Many non smokers when viewing prospective properties will say no just due to the smell of smoke. It would be quite interesting if this case went to court and the law got changed stating that no one was allowed to smoke in premises used for leasing which could happen.

I am a smoker but I only smoke in one room of my home and even then that's only occasionally when I can't be bothered going outside. I don't like my flat to smell of smoke, it makes the place dirty plus my grandaughter quite often comes to stay with me and I don't like smoking around children. I think that generally people have a right to smoke in their own homes if they choose to do so but in the case you mention legally it's not really this tenant's own home - it's rented so ultimately the landlord has the right to determine what can and can't happen there (within reason of course). Obviously the sensible thing would have been for the landlord to include a clause in the tenancy agreement regarding smoking but I still think she is within her rights to enforce a no-smoking rule if she serves notice on her existing tenants that she intends to do so.

It should have been decided before the tenent moved in. If it was a nonsmoking place and she moved in then she should not be allowed to smoke. Here at my place it is discouraged because then the place needs to be repainted afterwards. That comes out of the deposit. There could also be the case that it isn't the tennants place. She is just renting it. So it isn't really her home but she is paying rent so that is the other side of the coin. Like I said it should have been decided BEFORE she moved in.

Hold your horses man!! That landlord is one nasty landlord! The woman pays her rent, like everyone else, she should be allowed to do as she pleases, unless stated in the rent agreement that she is not to smoke in the building, not even in her own appartement and she has signed for it. If not, the tenant has the right to smoke in her appartement. They are going crazy with this non smoking bullsh*t over here. My boss won't give us breaks, and tells us with a smile that it'll help us stop smoking!! I don't have to tell you it makes me want to smoke twice as much!! I know it's bad and bla bla bla, but i respect the non smokers, they should respect us as well. It's our choice.

I am a smoker, and I choose NOT to smoke in my home because of the children. But I think you should be able to smoke in your own home if you want to, if it is "YOUR" home, notrented. The poor landlord will have to replace all the walls which would cost an absolute fortune, because smoke gets into everything and you can never get the smell out, when she leaves. Landlords should have the right to say whether tenants can smoke in their home or not. The landlord should not have to put in any ventilation system to support her bad habit.

The landlord should just plain evict her, she shouldnt have to have her condition agitated because of someone elses filthy ,stoppable habit.She OWNS the place, she shouldnt have to suffer for it.

I do not know the laws in Canada. My opinion is that the landlord owns the house and can set any rule he wants. On the other hand, it is the landlords responsibility to outline these rules in a written contract prior to the lease.

The landlord has the right to make any demands like this since it is THEIR property. They could show good will and make it clear in the first place that smoking is not permitted on site, but I must say, if I owned a property and rented it out, I would ask that there were no smoking in it... because it causes really bad tar stains after prolonged periods on the walls and ceilings... which means more money to be spent on maintenance... that's not fair is it??

I've rented a lot of homes and apartments, and there's always written somewhere on the rental agreement or contract that I won't smoke inside the home. If it's in the contract, she shouldn't smoke inside. Plus landlords have a heck of a time getting the smoke smell and stains out of the homes. I helped one after a smoker left, we had to wash the walls because they were yellow, then we had to repaint them. We also replaced the carpet because there were burn holes everywhere.

It is ridiculous for the landlord to say that she should not smoke in her rented house. She has every right to smoke. Actually, it is infringement of fundamental right of person. She is neither doing anything illegal nor she is acting against the public. What is right the landlord got to say that she does not have any right to smoke in her rented house.

I think that if you rent your home or apartment from someone then they have the right to tell you what to do inside your apartment. If they don't want you to smoke then do it on the balcony, or just open a window for god sakes. I believe that smokers have every right to do what they want where they want, however renting homes is completely different.

I think that since she doesn't own the place and the landlord does then she should follow her landlords directions/rules. If it was a property that I owned and a tenant didn't follow the rules then they would be kicked out. I would not allow a tenan to smoke in one of my rent houses.

Smoking kills. I advise everybody to smoke outside and to make the air in the house awful. It is unhealthy when somebody is smoking next to you and risk for the healt is almost the same let's not say that it is the same.

This is actually funny I ran accross this discussion. The same thing happened in my apartment building a few years back. I was living in Vegas at the time. My neighbor smoked and so did I, but I never smoked inside the apartment because it actually does state on our lease "no smoking inside" so I always smoked on my porch, when I did smoke that is. But anyway, my landlord found out my neighbor was smoking inside the apartment and took her to court over it for breaking a lease and all that other crap. The landlord won the case because they said that a landlord has every right to do what she pleases, especially if it states it in the lease. Now, the case that you are talking about, did the landlord have it on the lease with the person first moved in because if so, then the tenant will lose the case because she should of known better, but if it was never on the lease then the tenant is not doing nothing wrong. But the landlord could change the lease if she wants, just as long as she gives a 30 day notice. So I feel if the landlord doesn't want people smoking in her apartments, then that is her right and she should state that on the lease and also have the tenants sign something so they are aware of this no smoking policy. So if the landlord does it the right way, then the tenant should either not rent from this landlord or just deal with it.

If you own the home, then you do have the right to smoke. If you are a renter, then you don't have the right to smoke. It is really up to the person that owns the place. The landlord shouldn't have to do anything. It should be on the application as to whether or not the person smokes. That way she can avoid renting to a smoker. A place can really reek from the stench of cigs. It's very hard to get rid of the odor.

Oh boy,this is a topic that really get's me going.I smoke and it calm's me down. I don't drink so this is my only vice.I can drive down the street and not kill anyone when I smoke! The government uses the tax money for this war,plus to give themselve's raises!I'm paying my rent,and should be able to smoke in my own house/apt,etc. If the landlord doesn't like it,don't rent to a smoker!

The Landlord needs to state his rules before anyone moves in and make the person sign it.. It is never the Tenants Fault! He/She is the one that makes the rules (LandLord) He/she is the one who said who could live there...

it doesnt happen in our country. so i think the landlord is too exaggerative.i'm not a smoker .i hate someone smoke in a public place,but i have no right to forbidden someone smoke in his house.

ya offcourse, it's one wish to smoke or not in his/ her house. As a matter of right, he can smoke but as a human being, he has to take a decision depending upon the situation.