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Old 07-02-2019, 02:48 PM
 
10,746 posts, read 26,022,258 times
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Quote:
Originally Posted by Atbsms View Post
I'm wondering...do Smokers have any Constutional Rights? I've smoked in my apt. for 15 yrs, and because new Owners bought our (Senior Independent) building, we have been told we are not permitted to smoke in our apt. and must smoke outside!! The heat outside makes me ill, literally. We have no outside shelter. So I must smoke in my apt.
No, you do not have any ‘rights’ as a smoker; nor do you HAVE to smoke in your unit. Follow the rules or be prepared for an eviction.
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Old 07-02-2019, 03:00 PM
 
Location: The Triad
34,090 posts, read 82,975,811 times
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Quote:
Originally Posted by Atbsms View Post
I'm wondering...do Smokers have any Constutional Rights?
Nope. Not even Darwin awards it seems.

https://www.youtube.com/watch?v=Uf3A-xPXezM
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Old 07-02-2019, 03:03 PM
 
268 posts, read 272,533 times
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Everyone has constitutional rights, but smoking in your apartment isn't one of them.
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Old 07-03-2019, 07:48 AM
 
2,928 posts, read 3,552,260 times
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You have even less rights to smoke in your apartment since the ducts may be shared between units and your air quality effects your neighbors air quality even more.
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Old 07-03-2019, 01:09 PM
 
Location: Riverside Ca
22,146 posts, read 33,537,436 times
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Quote:
Originally Posted by girlshawn1 View Post
hi first let me tell you my story .I have been taking care of a gentelmen of 71 yrs old and is a smoker.He has lived in this app.complex for 12 .12 years ago it was ok to smoke in your app in this app.he has always paid rent on time never any complaints .He was evited about 2 months ago for smoking brcause of the new laws.and now lives with me haha what im asking is is there a clause saying that any resident that has neen there for that many years required to stop smoking also.
There is no such thing. Smoking isn’t a protected class. All they had to do is send a letter saying no smoking in the units, as of x date.
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Old 07-04-2019, 04:27 AM
 
Location: Florida
23,173 posts, read 26,197,836 times
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Question, though. If a lease is in effect, can landlord institute new rules midlease without a new lease being agreed to?
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Old 07-04-2019, 08:19 AM
 
268 posts, read 272,533 times
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Quote:
Originally Posted by old_cold View Post
Question, though. If a lease is in effect, can landlord institute new rules midlease without a new lease being agreed to?
Not unless both parties agree to the change. Otherwise the new rules would take effect once the lease period ends.
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Old 07-04-2019, 08:23 AM
 
268 posts, read 272,533 times
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Quote:
Originally Posted by Atbsms View Post
I'm wondering...do Smokers have any Constutional Rights? I've smoked in my apt. for 15 yrs, and because new Owners bought our (Senior Independent) building, we have been told we are not permitted to smoke in our apt. and must smoke outside!! The heat outside makes me ill, literally. We have no outside shelter. So I must smoke in my apt.
Looks like we all missed the irony of the 3rd sentence.
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Old 07-04-2019, 10:34 AM
 
10,746 posts, read 26,022,258 times
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Quote:
Originally Posted by CrabbyAppleton205 View Post
Not unless both parties agree to the change. Otherwise the new rules would take effect once the lease period ends.
Only if the new rule is contradicting the lease.

OP: does your lease say you can smoke in your unit?
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Old 07-04-2019, 01:07 PM
 
268 posts, read 272,533 times
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Quote:
Originally Posted by Kim in FL View Post
Only if the new rule is contradicting the lease.

OP: does your lease say you can smoke in your unit?
It wouldn't be called a "new" rule if it wasn't contradicting the lease.
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