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Barrister
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 33755
Experience:  15 years real estate, Realtor. Landlord 26 years
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I am about to sign a lease Tito tent a house I understood

Customer Question

I am about to sign a lease Tito tent a house I understood the no smoking in the house rule before seeing the written but the lease reads "no smoking on premises". Does that mean outdoor (caged) pool/patio area, lawn, dock, driveway, parked car in driveway?
Submitted: 5 months ago via Cornell Legal Info Institute.
Category: Real Estate Law
Expert:  Barrister replied 5 months ago.

Hello and welcome! My name is ***** ***** I am a licensed attorney who will try my very best to help with your situation or get you to someone who can. There may be a slight delay in my responses as I research statutes or ordinances and type out an answer or reply,but rest assured, I am working on your question.

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The premises would consist of the entire area that you were renting or had use of. So if this is a house with a yard and garage, that means that there is no smoking allowed anywhere in or on the property.

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Does that mean outdoor (caged) pool/patio area, lawn, dock, driveway, parked car in driveway?

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So yes, if those are areas that you get to use as a tenant, then there is no smoking anywhere on the entire property.

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With that said, make sure you can abide by those terms before you sign any lease because after it is too late.

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As an aside, in addition to being an attorney, I have also been a landlord for over 26 years...

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thanks

Barrister

Customer: replied 5 months ago.
Those are outdoor areas. This is unbelievable!! What about Ecigs. No smoke no fumes. No fire.
Customer: replied 5 months ago.
Battery driven
Expert:  Barrister replied 5 months ago.

I can't say that it is fair or not, but it is the landlord's property and he can impose whatever rules that he wants on his property as long as they don't violate the law.

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But as far as I am aware, E-cigs are not considered "smoking" since there is nothing burning or incendiary in the action of using an E-cig.

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So I think you would be on firm legal footing if the landlord tried to prevent you from using an E-cig and a judge would agree if he tried to evict you for it.

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thanks

Barrister

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