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Can a landlord ban me from smoking inside or outside my apartment when it does not state anything in the lease about smoking?

Miami, FL |

After 3 years of living in he same apartment, i just recently have been getting complaints about smoking in my apartment from a new next door tenant. So i stopped smoking inside and went out my balcony to smoke. I just renewed my lease last month and no where in the lease does it say anything about it being a smoke free building or apartment. Now i got a letter asking me to stop smoking outside. I confronted the next door tenant and she said she hasnt complained lately and has not smelled anything lately. I think the Management office is just trying to get me to move out. Because according to the neighbors they have not complained

Attorney Answers 2


Probably not. If you currently have a lease and there is no restriction regarding smoking an otherwise legal substance, then the landlord likely cannot ban you from smoking, especially if you are outside and on the balcony. Be sure to review your lease very carefully and have an attorney review it if necessary.

This is not to be considered legal advice nor does an attorney-client relationship exist.

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The law on regulation of smoking is evolving. Ten years ago, the answer to your questions would probably be "no." However, now, the situation is not so clear. Smoking is becoming socially unacceptable behavior and is increasingly regulated. Since smoking inside the apartment can damage the apartment, the landlord could argue that you are committing waste or engaging in dangerous behavior which increases the fire risk and puts other tenants at health risk. If you want to smoke in your apartment, you should make your anticipated behavior clear in furture leases. If you are unsure or your rights and responsibilities as a tenant, you should consult an experienced real estate lawyer in your area.

Disclaimer: This answer is provided for informational purposes only, does not constitute legal advice, and does not create an attorney-client relationship. Actual legal advice can only be provided after completing a comprehensive consultation in which all of the relevant facts are discussed and reviewed.

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