Another Slap For Smokers: It Might Soon Be Ilegal To Smoke In Your Own Home

@pyewacket (43903)
United States
July 28, 2008 6:43pm CST
A fellow MyLotter pointed this out to me, and I started to do a search for articles. It seems a growing trend here in America is for landlords to make their properties, such as condos and apartments smoke free. Okay I can see how smoking in public places can not only be a nuisance for non-smokers, as second hand smoke cam also affect non-smokers. Thus, one can't smoke in any public place now...not in restaurants, planes, trains, movie theaters, hospitals, even bars. Even though I'm a smoker, I sometimes can't stand the smell of second hand smoke myself. But this new "movement" to make even smoking in one's own home is a bit much don't you think? According to the so-called rational is that if a person smokes in their apartment, the smell of the smoke can affect other apartment dwellers..thus the idea of landlords to literally ban people from smoking in their home, to the point where a landlord could have the right to evict a person for smoking. Uh, like Huh? Here's one such article..it's from last year actually but will give you an idea of what is going on, and the article is related to California...but this move to ban smoking in apartments is a movement going on nationwide. http://abcnews.go.com/Health/CancerPreventionAndTreatment/story?id=3688508&page=1 (Quote:) [i]Today in Calabasas, the City Council plans to vote on expanding its anti-smoking law to bar renters from lighting up inside existing apartments. It would exempt current resident smokers until they moved but would require all new buildings with at least 15 units, including condos, to be smoke-free. Next Tuesday, the City Council of Belmont is scheduled to cast a final vote on a similar measure that won initial approval last week. The ordinance, which applies to apartments and condos, would allow fines and evictions if neighbors complained and smokers didn't heed warnings. [/i] I have to admit, I'm a smoker (still and don't bash me over the head cause of it)...but I really find this ludicrous....what about people that have really offensive cooking odors?...or like my one neighbor who must napalm her apt with a ton of Pine Sol that I find offensive? What about us people who like burning incense....would that also be considered offensive? Yes I can see if people find other people's smoking offensive...but then they should purposely move to a smoke free apartment dwelling. Do you think landlords have the right to enforce this on buildings where it hasn't been designated as a smoke free apartment...do you think they have the right to evict people just because they smoke?
13 people like this
42 responses
@Opal26 (17679)
• United States
29 Jul 08
Oh dear Pye, this is a great subject. I am so against this ban. How dare they say that you can't smoke in your own apartment. How ridiculous. If that is the case, as you said let them have "smoke free dwellings". Let people choose if the want to live in a place where there won't be smoking and leave the smokers alone. I resent such a blatant form of authority. As you also mentioned-smells-I have had neighbors cooking things that made me gag, did I do anything about it- no! I too like to burn incense and scented candles. Am I to stop that too! It's bad enough we can't smoke anywere else now we can't smoke in the privacy of our own homes where we pay rent or own our own dwelling. This is insane! I will not have it!
@pyewacket (43903)
• United States
29 Jul 08
LOL--talk about cooking smells. One time there were these neighbors beneath me..now there kitchen is underneath my bedroom...I don't know what the heck these people would cook every once in awhile, but honestly you wanted to throw up...another time they'd cook something with a LOT of garlic...now I like garlic but yikes they must have used a whole braid of garlic...anyway their cooking smells would come right into my apartment...ewww! Honestly I needed a clothespin on my nose
1 person likes this
@capirani (2840)
• United States
29 Jul 08
Cooking odors do not cause the permanent damage to buildings that smoking does, nor do they cause the tremendous health problems that smoking does, especially second hand smoke. Landlords own the building, renters don't. They have the right to stipulate that those buildings be kept smoke free if they want to, just as any homeowner has the right to declare their home smoke free and make their smoking guests go outside to smoke.
3 people like this
@philjas (1134)
• United States
29 Jul 08
Cooking odors may not cause permanent damage, but the poor diets of most Americans are causing much more health problems and high health care costs than smoking.
3 people like this
@4mymak (1793)
• Malaysia
29 Jul 08
wow.. this is a difficult one... i for one.. am very much against smoking.. and i truly dislike smokers who still smoke in 'non-designated' areas.. i think if i was landlord i would impose the same rule.. or like you said... find a property in 'smoke-free' building.. so that i wont have to deal with 'smoking tenants' in the first place... as for the offensive cooking odors, incense burning.. the smell maybe offensive.. not deadly, though...
@pyewacket (43903)
• United States
30 Jul 08
LOL--mmm...cooking odors not deadly?...sheesh..I wonder. You should smell some of the God-awful cooking some of my neighbors do...honestly it smells like rotted garbage being cooked..ewwwwwww!
1 person likes this
@Lakota12 (42600)
• United States
29 Jul 08
HECK! NO! this is going way to far with messing with our rights as smokers! People that has bee there should be grandfathered and not be able to make that building smoke free . LIke you said if they cant stand the smoke move to one of those that is smoke free. and I have lived in places where the cooking in other apartments can make ya sick from the smell. So I see that very upsetting that they would want to do this . The lanlords know who smokes and who dont leave that building alone!
3 people like this
@Lakota12 (42600)
• United States
30 Jul 08
Could you not then get him for discrimintion?!
2 people like this
@pyewacket (43903)
• United States
30 Jul 08
Grrr...you should smell some of the cooking odors of some of my neighbors....enough to make your stomach turn....I just hope my landlord doesn't get it into his head to make our apt. smoke free...after all he smokes and so does his sons...but it would be a good excuse for him to get tenants out just to get more money from the apt.
1 person likes this
@pyewacket (43903)
• United States
30 Jul 08
Who knows? Maybe.
1 person likes this
@tyc415 (5706)
• United States
29 Jul 08
No I do not think a landlord should have the right to enforce a building to become smoke free that has not been smoke free and I think as you do, let the people move to smoke free apartments buildings. Smokers have rights just like non smokers do. I was a smoker until just over 1 1/2 yrs ago and my husband is a smoker.
4 people like this
@pyewacket (43903)
• United States
29 Jul 08
That would be such a "racket" though..meaning if landlords suddenly took it to their heads to actually evict people who smoked they could do so just to get a new tenant in so they would be justified to raise the rent.
2 people like this
@SwtJenlove (1090)
• United States
29 Jul 08
What is this world coming to when you cant even smoke in your own home? yes i can see if your renting the landlord should be able to have a say so. BUT i dont see this passing. if it does then there will be alot of people breaking the rules. It wil be like being a teenager again. Smoking with the windows open and the fan on, Smoking right next to the window and blowing the smoke out the window, spraying air freshner . Yup! i did that when i was younger, That is.. until i tol dmy mom i smoked and she allowed me to. I still dont see that passing.
3 people like this
@pyewacket (43903)
• United States
30 Jul 08
All I can say if people really want to live in a smoke free environment then they should move to a place where it is designated as smoke free...otherwise I think landlords should back off from suddenly turning an apartment into a smoke free one, when it never was before.
1 person likes this
@capirani (2840)
• United States
29 Jul 08
Those tricks don't work by the way. The smoke smell still comes back inside. And there is always a room in every house where scents seem to settle. The smoke will go there too.
2 people like this
29 Jul 08
Hi pye, I must say I find this all too stupid, are the landlords going to be spying on 24/7 to see if you are smoking? people can still open their windows when smoking and also what happened to freedom of choice? I am glad I own my house and noe can tell me what to don in my own home, I am a smoking too and my husband don't and he has tried to get me to smoke outside I do but not when is raining or cold. We are not allowed to smoke in any public place and hotels and we abide by their rules but darn if they stop you from smoking in your homes and that ludicrous. What is this world coming to? and yet you go round shooting people and get just a rapp across your wrist. Bright Blessings
4 people like this
@pyewacket (43903)
• United States
29 Jul 08
It does seem our freedom of choice is being encroached upon more and more doesn't it? I'm just hoping my landlord doesn't get it into his head to enforce something like this...though..he smokes and so do his sons...so maybe I'm safe? LOL
1 person likes this
@lingli_78 (12822)
• Australia
29 Jul 08
that is ridiculous... i am not a smoker and i hate the smell of the smoke as well... but i can't imagine that the landlords will go to such an extent as to evict the residents who are staying in their houses... i don't know what to say on this matter... i know that smoking inside the house is not good at all and it can damage the paint on the wall as well... take care and have a nice day...
3 people like this
@pyewacket (43903)
• United States
8 Aug 08
I really do think something like enforcing no smoking in one's own home/apt is an infringement of one's rights especially if there had never been such a clause in the lease in the first place.
• United States
29 Jul 08
I stopped smoking when I got pregnant with my first child. Haven't smoked since, but this still makes me mad that they are telling how people should live in their own homes. But as another poster stated, most landlords charge a security deposit, which that is suppose to be for any repairs that have to be made once the tenant moves out. Also if landlords were that worried about having to clean up after a smoker, they'd make their establishment smoke-free from the very beginning. When I first moved out here, I rented from a lady that charged a $300 security fee, just because at the time my husband and I were smokers. We did get $100.00 of it back when we moved, but she used the rest of that to buy paint and hire a professional carpet cleaning crew. So there are ways that landlords can compensate for those that smoke and they won't go broke over it. To me this is just another way for the government to slowly take away every right we once had. Totally b.s. in my eyes.
• United States
30 Jul 08
Some landlords in my area will actually ask a person if they smoke or not before discussing what the security deposit will be. Though I do know that in apartment settings I believe no matter what the security deposit is they are required to repaint and repair the apartment before renting to another individual. Since being out on my own I have only looked at houses as rentals, so don't know what the apartment landlords out here charge or whether or not they care if their tenants smoke.
1 person likes this
@pyewacket (43903)
• United States
30 Jul 08
I don't think landlords on the whole charge security fees because one smokes so much..but then maybe the rules have changed..I moved here a LONG time ago..LOL...all I know is that whenever a tenant does move out of an apartment in my building as a matter of protocol they repaint it and make any repairs that might be necessary
@Katlady2 (9904)
• United States
29 Jul 08
I can understand people wanting a smoke free "zone" so to speak when it comes to places of residence. But I don't agree with landlords being able to evict tenants because of it. That's just not right. I would think that would fall under the term "discrimination".
3 people like this
@pyewacket (43903)
• United States
30 Jul 08
Yes I would think it would be discrimination..what about people who regularly use incense as well, maybe as part of their religious beliefs? Would that be against the law as well soon?
• United States
29 Jul 08
I got evicted from a place once because I had an anarchy sign painted on the side of my vehicle. My landlord was a Christian and thought it was a pentagram and that I was a devil worshiper. The world is full of stupid people, but if they own rental properties they certainly have the right to rent to whomever they please, or to NOT rent to whomever they don't please. Hehehe.
3 people like this
@pyewacket (43903)
• United States
30 Jul 08
LOL..with some tenants I think a landlord should do some kind of check on them..seriously...I've had some real "winners" living underneath me....Let's see...there was the person who had "sensitive ears" and noise bothered her..oh, but it gets better, since back then honestly my mother and I had to walk on tiptoe after 9 at night...otherwise she'd be banging up at us since we made too much noise walking..I was tempted to get a pogo stick and hop up and down on it just to annoy her..LOL
1 person likes this
@irishidid (8687)
• United States
29 Jul 08
You can still smoke in some restaurants in my area. I wouldn't put it past my landlord to try to make it smoke free here. They used to send out a notice around July 4th every year saying that fireworks were illegal in the county (they weren't and aren't) just to keep people from shooting off fireworks. I think they would jump all over a smoking ban. As for what others are saying about the walls turning yellow from smoke damage, that doesn't wash because many apartments get a 5 year painting whether a person smokes or not. It is also routine when someone moves out.
3 people like this
@pyewacket (43903)
• United States
30 Jul 08
I know that doesn't "wash" with me either about walls needing painting because a tenant smokes...yikes in all the years I've lived here my walls certainly don't look yellow...LOL. I just happen to like painting the apt myself...and not white...but nice colors
@neilchua (888)
• Philippines
29 Jul 08
me and my girlfriend are smokers too. and we also love cats. well i think many will protest to that here in the Philippines. but if ever that happen here, well it's actually a good thing. i think quitting smoking will be more easier.. well good luck to us. hahaha. have a good day pyewacket. -NEILâ„¢
@pyewacket (43903)
• United States
30 Jul 08
It's not easy trying to quit smoking...I did for awhile and went nuts...LOL..so back to smoking Hehe..I love cats too...have two of my own
1 person likes this
@Vladilyich1 (1454)
• Canada
29 Jul 08
I also meant to say, I know that in Austin, TX and the entire state of Arizona, it is illegal to smoke OUTSIDE within 20' of a doorway.
3 people like this
@pyewacket (43903)
• United States
30 Jul 08
Mmmm....do people have to walk around with tape measures to make sure their not within the 20 feet? LOL..How dumb
1 person likes this
29 Jul 08
I used to smoke, but still i never smoked in my house... besides the yellow tarry crap it leaves on the walls and ceiling, it jus makes your house smell bad. I recently moved into a house and th whole thing smelled like smoke, it was disgusting and its taken a couple of months just to get rid of the scent. I wouldnt say i agree with the whole banning smioking in your apt. or rental house, but i dont completely dissagree with it either
@pyewacket (43903)
• United States
30 Jul 08
I have no idea why people keep thinking that when one smokes that one's walls look yellowed with smoke stains...I've lived here 47 years and the walls never looked yellow from smoke...my mother used to smoke, and I do as well.
1 person likes this
@winterose (39887)
• Canada
31 Jul 08
If it becomes a law they have the right. If the stipulate it in the lease and the renter knows it and signs it they have the right.
1 person likes this
@pyewacket (43903)
• United States
2 Aug 08
Well what about us old timers who have lived in the building for so long, like me living here 47 years. To suddenly turn an apt building into a smoke free one just wouldn't be right--and as I've mentioned my landlord and his sons smoke like chimneys anyway. This building technically speaking has a no pet clause as well...yet people have pets in my building...and there are laws to protect pet owners
1 person likes this
• United States
29 Jul 08
I am not sure if this is true or not but I have heard of apartment complexes alrady where you have a choice of a smoking or non smoking rental. Have you heard that this is currently available but if you choose a non smoking you will be evicted and lose your deposit if you are caught smoking. Plus for the smoking your deposit is a lot more money.
3 people like this
@pyewacket (43903)
• United States
29 Jul 08
I sure hope it doesn't start affecting those of us though that have lived in our apts. for a long time and the landlord suddenly gets it into his head to enforce this non-smoking policy for rentals
1 person likes this
@elisa812 (3026)
• United States
29 Jul 08
I hadn't heard anything about that until I read your post just now! I have to say that I'm pretty surprised about that. I am not a smoker myself, nor is anyone in my family, so it would not be an issue for me, but that does seem pretty extreme. I have to admit that I'm glad that smoking in public places is forbidden around here cause it does really get to me when I'm around it for awhile, but to forbid it within someone's home like that is really pushing it.
2 people like this
@Galena (9110)
29 Jul 08
I think the thing is though, it belongs to the landlord. it's their property. this is just the same as not allowing pets or children you choose to have pets, or you choose to smoke, or choose to have children, and if someone doesn't want pets or smoking or children in the property they own, they are well within their rights to stipulate that in the lease agreement. saying that people should move to a smoke free apartment dwelling. fair enough. just as smokers should move to one that allows smoking, and it's up to the landlord which of the two they would like their property, which they own, to be.
1 person likes this
@Galena (9110)
29 Jul 08
ultimately, it's their decision. people are talking about this like it's people in a house they own, but with rental comes the rules of the landlord. what rules the landlord imposes in their own property is up to them. it's unfair when the goalposts get moved, but it is well within their rights to do so, providing they honour the contract til it needs renewing.
@pyewacket (43903)
• United States
29 Jul 08
Ah but Galena..what if supposing you have lived in your apartment nearly all your life and suddenly such an imposition was placed in a ban of smoking in one's apartment. The only reason I've stayed in this place for so long is that my rent is relatively low..only $539 a month...while the majority of apartments in my area are now run $1,200 a month and someone like myself is living on SSI disability benefits in which I get $724 a month..so do you think it would be fair for my landlord to evict me just because I smoke? And considering the fact the landlord smokes like a chimney himself?
1 person likes this
@mommyboo (13174)
• United States
29 Jul 08
LOL! Pye, I have to laugh! The LANDLORD smokes like a chimney but he would willingly comply with a law and evict tenants?! I don't think anybody should be evicted as long as they pay their rent, do not threaten other tenants, and are not in default of their agreement or lease in other legal ways. I don't think it is BAD to have non-smoking apartment or condo communities but I believe you have to have an OPTION for smokers (just as there should be options for people who have pets or kids). I also believe that longterm tenants should be grandfathered in no matter what and exempt from any new ordinance or law that may happen because of what you mention about fixed incomes and SSI. It would make no sense to cause a tenant who had peacefully lived in a property for 30 years, always on time with rent, always within the guidelines of the community, on a fixed income where the rent could not be higher or they would struggle - to be tossed out simply because they smoked a few cigs a day.
@raydene (9871)
• United States
31 Jul 08
Hi Hon I used to own apartments and the ones that had smokers were much harder to clean. Unless you pull up carpet, double paint, and air out for months the smell remains. If I still had rentals I would insists no smoking inside also just for costs involved. I have family members and friends that smoke but do not EVER smoke in a building. They all smoke outside which seems the trend these days. xoxoxoxoxoxo
2 people like this
@pyewacket (43903)
• United States
2 Aug 08
I think it's just rather unfair to expect a smoker to go outside their apt building every time they want to smoke...if this suddenly turned into a smoke free building that would mean my going downstairs from my second floor apt. --and if I wanted to do that at night could risk being mugged...LOL
@onlydia (2808)
• United States
11 Aug 08
I think all of this could be solved with a smoking area. outback or something. with heat in the winter. And windows and screen's. I mean really. I am trying not to smoke in my own home. Go out to front porch. Door is locked is ok. So I can't see TV no big loss. I mean the cost would prevent alot. And who know's you moite even make friends. have a nice Day
@mimico (3617)
• Philippines
29 Jul 08
I don't think this will ever happen. Everyone has rights and should be allowed to smoke at home. I don't see any problem about this. They'd have to ban smoking in public first before smoking will be banned at home.
1 person likes this
@pyewacket (43903)
• United States
2 Aug 08
Well the laws must be different where you are, since here in America smoking IS banned in all public places.