Apartment Complex Prohibits Use of E-Cigarettes!

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Ghoov

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Oct 27, 2010
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The place where I live is a condo and I rent it from the owner. The other tenants are mostly all senior citizens and SUPER backed up about everything. When I still smoked analogs, the neighbor came over and grilled me about why I was smoking in my apartment and I told him it wasn't in my lease and to mind his own business. He suggested that I get one of those door things because he said that the hallway smelled of cigarettes - I started smoking outside instead just because I'd already had so many issues come up and that one was the only half-way valid one in that it probably did smell in the hall.

One day I was upset and went down to my car to smoke a cigarette and since I had only smoked half, flicked off the cherry and got into the elevator. As I got to my floor, the damn thing had started up again and the elevator stunk of smoke and guess who was waiting???? The same guy and his wife - I was horrified because I knew he'd have a fit about the elevator smelling of smoke. GAHHHHHHHH

I should have started vaping sooner - vaping in the elevator, the hallway, anywhere would have been no problem at all.
 

Joye Camel

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Nov 2, 2010
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I think the new regulation is unlikely to be enforceable (although, check your lease and anything it says about their ability to impose new residence requirements), but sometimes the path of least resistance is the best one. If I were you, I'd probably avoid the risk of hassle and red tape (which you may have to put up with even if you are ultimately in the right) and be a little circumspect with my vaping -- as long as you do it inside and avoid the "public" areas they are unlikely to notice and there's really no way post hoc to tell that you have been doing it in your residence.
 

Uma

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Mar 4, 2010
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I'm sorry you're faced with this apphrensive situation. Personally, I would vape away on my pv, like everyone has suggested. It's definitely not tobacco.

Have you considered contacting Kirsten and Caasa? Perhaps they'd enjoy an opportunity to send their info packets to your landlord/company, in attempts at helping the Landlords to keep their tenants or to help their tenants to discover tobacco free alternatives...
 

satoshi

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Mar 17, 2010
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I am afraid that then can in fact change any rental agreement as long as they give the resident a 30 day notice in writting in advance before any changes to the lease can be made. They have in fact done this. Is it correct for them to ban e-cigs no but as with most properties that have smokers there is more damage then most.

I have been in the rental management business for 27 years, so yes if you are renting you all need to read, every lease has a provision that say's as long as 30-day notice is given in writing then yes changes can be made

I was curious about this and looked through my own lease agreement. It doesn't say anything about 30-day notice or the ability of the landlord to modify the terms of an existing lease.

Maybe your company put that in their leases, though. Anyway I found:

Can my landlord prohibit smoking if the lease doesn't? - Free Legal Information - Nolo

"If the original tenant has a fixed-term lease, the landlord cannot change its terms until the lease expires. If that tenant rents month to month, the landlord can make a change after giving the tenant proper notice -- 30 days' worth, in most states."

Maybe that's the issue here. Mine is a one year fixed-term lease.
 

illinoismom

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Sep 29, 2010
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no you better look some more, and then check the landlord tenant act for your state NJ is a weird rental state as is NY they have rules of their own

I looked up the land lord tenant act for where the OP lives and this is what I found
Rules and Regulations promulgated by Landlord.

A landlord may adopt rules and regulation concerning the tenant’s use and occupancy of the premises in order to promote safety and welfare, preserve property, and fairly distribte services and facilities. If the rules are reasonable and specific, they will be enforceable if the tenant has notice of the rules, either at the time the tenant enters into the lease agreement, or at the time the rule is adopted. If adopted after the tenant has entered the agreement, the tenant must consent to it in writing if the rule substantially modifies the lease agreement.

Most major companies have house rules that are given and signed along with the lease
 
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illuxion

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I'd challenge then using 0 Nic juice, something like cinnabomb or cinnicide. Ask them if this is illegal, is using a vaporizer with vicks also illegal because it is the same thing. Are they also going to ban in home aromatherapy, and while they are at it they should ban cooking also.
 
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DivaB

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Jul 27, 2010
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I'm with all of those that say vape on. How are they going to know. It is just ridiculous, and I certainly hope all these "rules" don't end up making us closet vapors like when we used to smoke. People just need educated as to what it really is and how it really works. Over time, hopefully that will happen and make things better.
 

radicaljd

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I travel a lot and routinely vape in non-smoking hotel rooms. In fact, I always specifically request a non-smoking room because I hate the stink of stale tobacco smoke.

I've never had any problems with hotel management about my vaping, as there is never any evidence, such as butts, smoke stench, or carpet burns.
 

Bozzlite

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Jul 31, 2010
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I think the key here is when they say "lighted" in their definition of smoking. Just don't "light" your high-tech smoking device. If it were me, I would continue vaping in my apartment. There is no way they would know anyway. Meanwhile I would be looking for a new place to live.

Can you not grill or barbeque outside? Most likely not, probably a prohibition against that.
 

WomanOfHeart

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Sep 19, 2010
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I think the key here is when they say "lighted" in their definition of smoking. Just don't "light" your high-tech smoking device.

I have the most amusing vision in my head of someone "lighting" their PV and then walking into the leasing office...

The really devious side of me says that you should start looking for another place to live until your lease is expired. After you get moved and get your deposits back, send a thank you note with a little P.S. that says "By the way, I just wanted to let you know that I vaped in the apartment. Bet you couldn't tell, could you?"

Not encouraging you to actually do this. Just sayin'.
 

Hawkins

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I have the most amusing vision in my head of someone "lighting" their PV and then walking into the leasing office...

The really devious side of me says that you should start looking for another place to live until your lease is expired. After you get moved and get your deposits back, send a thank you note with a little P.S. that says "By the way, I just wanted to let you know that I vaped in the apartment. Bet you couldn't tell, could you?"

Not encouraging you to actually do this. Just sayin'.

They most likely wouldn't even know what you are talking about, just like they probally don't even understand what an e-cig is when they made the rule.

To the OP, don't even worry about it, the worst thing that could happen is that they could try to evict or fine you, and that takes of red tape to do.
 

757girl

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I live in an apartment in Virginia and I WISH the landlord would tell me I couldn't vape. She did a inspection of my apartment the other day and was in awe at my electronic cig stuff. She in fact said she RATHER people use the e-cig than regular cig because the tar from the regular cig gets all on the wall and makes then dark. And HOW would they know you were vaping when vaping leaves no smell or if it does it smells like an air freshner. I vape in my non smoking hotel rooms and they don't know.

I say keep on vaping and when you leave your apartment put your e-liquid and devices in a shoe box and put it on the top shelf of your closet just in case they wanna poke and proud around.
 
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