Libertarian ping.To be added or removed from my ping list freepmail me or post a message here
Posted on 06/16/2005 5:33:52 AM PDT by 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.
(Excerpt) Read more at boston.com ...
It can be a choice if you have enough money.
More proof either smokers have no clue how offensive cig smoke is or smokers are supremely selfish.
You do realize that if A is bad and B is bad. A is still bad?
If you are a residential tenant, you can basically break your lease at any time... you will lose your security deposit, but there isn't a housing court in the country that is going to force you to pay rent once you have moved out and forfieted your security deposit.....
The threat of paying the lease after you leave, while a nice club for landlords to threaten, is basically uneforceable in residential leases.
You have the choice to save enough money.
This is not a property issue, it's a contract issue. The landlord had the right to permit or deny smoking and executed that right when signing the lease permitting smoking. But once the landlord signed the lease permitting smoking the landlord should be held to the contract.
The complaining tenant knew smoking was permitted, so they have little room to complain. They need to find a non-smoking building.
Hey, I'm all for this. As long as it doesn't come into my house, I'm fine with it.
Where was that, minnie? Got a link?
How inconsiderate of you not to put up with their nasty F'ing habit!
New England in the 17th century banning smoking? The same folks who hung, burned and crushed "witches"? Folks who, by the way, were British, not American and Puritans too boot?
How long did those laws last? Historically no smoking ban has lasted over time. Why not jump up 100 years and check out smoking in Ben Franklin's Boston?
Exactly what I was going to ask but I don't deal with Raycpa at all-----I get a big,fat headache.
Tenements in Colonial Boston? I don't think so!
And even if they banned public smoking they probably didn't ban smoking private homes.
The wonder of all of this is how on earth do you define an "offensive" odor? I don't like the smell of lilacs---most people do. The use of the word "offensive" makes the entire thing very subjective.
Depends on the state. Some states are tenant friendly, others are not. If the landlord is able to rent the apartment out quickly, he might not have any real damages so suing you might be a waste of time.
bump
Good one!!!!! LOL
You mean negative pressure like a TB room in a hospital. Outside air can come in, but inside air cannot get out.
Sorry to disagree with you. Disabled and living on a very low income leaves no money for saving for anything. Especially when the prices for absolutely everything is rising.
If I had ny choice, would not have inherited these health problems. And there are a lot of other things I wish I could have choice over.
I have learned in order to keep my BP at a normal rate, I ignore him/her.
An absolute bore.
Libertarian ping.To be added or removed from my ping list freepmail me or post a message here
Legally yes a tenant is liable.. but there isn't a court that is going to enforce a residential lease, if the teneant has moved out and surrendered the security deposit a court is not going to find that the tenant must pay the remainder of the lease...
Yes, technically the tenant is responsible for it, but in reality no court is going to find in the landlords favor, and it is a waste of their time and money to sue over it... because they will lose...
Its a nice threat by landlords, but in reality it rarely ever happens that tehy win a judgement under those conditions in all 50 state.s
A fleeting moment of insanity..;-)
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