[HEY4QDEMS]

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

As I stated, the best thing to do is indicate a no smoking clause when the lease is drawn up.

Secondly, the lease does not "say they can" smoke, if that were the case the tenants would have won. They lost because of the health hazard and nuisance restrictions contained in the agreement.

[MEGoody]

Secondly, the lease does not "say they can" smoke

From the article:

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.

[BlackbirdSST]

Secondly, the lease does not "say they can" smoke, if that were the case the tenants would have won.

WRONG! From the first line of the article...... even though smoking was allowed in their lease.

geez, I thought we were relatively done with the Nazi's in the 1940's, guess I was wrong. Blackbird.