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 ...
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...
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.
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.
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 Demon Seed....BWAhAHaHA! By the way, She, I'm really surprised that no one, including you, picked up on this.....
You lost me...... ??????
Wow. What a GREAT screen name you chose. I think " selective freedom" would have suited you better, though.-FK, post 202
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).
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?
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.
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...
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.............
At least SOME smoking is still legal...
I see very little difference in the WOD position on marijuana...........
I believe the demonization of marijuana is largely fueled by money from the alcohol industry, abetted by those who keep the courts churning...
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.
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...
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