Quick Answer: Can A Landlord Say You Can’T Smoke Outside?

How long does it take for second hand smoke to affect you?

Studies have shown that damage from secondhand smoke occurs in as little as five minutes: After five minutes: Arteries becomes less flexible, just like they do in a person who is smoking a cigarette..

Does cigarette smoke rise or fall outdoors?

Outdoor levels of tobacco smoke can be as high as indoors. If there is no wind, tobacco smoke will rise and fall and flood the local area with second-hand smoke; if there is a breeze, tobacco smoke will spread in many directions.

Can you ask tenant if they smoke?

You can ask a tenant if they smoke during your initial conversation, during the property showing, or on your rental application. … If you don’t want a tenant who smokes in your property, you are legally allowed to deny them for this reason.

What can a landlord not ask you?

Is there anything a landlord can’t ask? A potential landlord may not ask any questions that violate federal or state discrimination laws. These include questions about race, national origin, religion, sex, familial status or disability prohibited by federal law.

How do I get rid of smoke smell in my apartment?

Try combining 2 tablespoons of ammonia and two cups of water, then rub down the walls. Option 2: Vinegar and water. SFGate also recommends using vinegar to scrub down your walls and ceilings. Mix one part vinegar with one part water, and apply directly to the area to remove both smells and stains.

Do smokers have the right to smoke?

There is no such thing as a constitutional “right to smoke,” since the U.S. Constitution does not extend special protection to smokers. Smoking is not a specially protected liberty right under the Due Process Clause of the Constitution. The fundamental right to privacy does not apply to smoking.

Can I sue my neighbor for smoking?

Suing your neighbor or landlord is an option, but it should be your last resort. … Before suing, you should try to reach an agreement with your neighbor to limit where and when they smoke. You could also ask your landlord or property manager to make specific areas of the building smokefree.

Can landlord ask tenant to move out?

Terminating a tenancy However, if you do not have a fixed-term tenancy, the landlord can ask you to leave during the first 6 months without giving a reason. They must serve a valid written notice of termination, allowing a minimum 28-day notice period.

How do landlords enforce no smoking?

This is entirely legal. To make their properties smoke-free, Landlords have current tenants sign a No Smoking Lease Addendum when they renew their lease. New tenants sign the Addendum along with their lease. Smokers are welcome as long as they refrain from smoking while on the property.

How do I deal with my neighbors smoking?

Talk with your neighbors about your exposure to secondhand smoke. If you know where the smoke is coming from and feel comfortable talking with your neighbor about it, see if an agreement can be reached about where and when they smoke. Try to be calm, polite and offer solutions.

How can landlords tell if you smoke?

Landlords typically inform tenants of a no-smoking policy or smoking restrictions through a clause in their lease or rental agreement. Most likely, such a clause applies to smoking of any sort, not just tobacco, but if you’re not sure, ask your landlord—preferably before you sign anything.

Can a landlord tell you who can be at your house?

The guest cannot be barred unless he or she broke the rules of the lease, or broke local, state or federal law. The landlord may tell your guest that they are not allowed to visit you, and may say that they cannot come on the landlord’s property at all if it is an apartment complex or mobile home park.

Can a landlord forbid you from smoking outside?

Just as you might prohibit pets, you can prohibit smoking at your rental properties, even inside individual units and in outdoor areas. It is entirely legal.

How far away can cigarette smoke be smelled?

Secondhand smoke odor is detectable at 23 feet from the source and irritation levels began 13 feet from the source. Furthermore, anyone positioned downwind from an outdoor source of secondhand smoke will be exposed, even at significant distances from the source.

Can smoke go through walls?

Secondhand smoke can travel through doorways, cracks in walls, electrical lines, ventilation systems and plumbing.