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.Ask a similar question
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.Ask a similar question