Apartment Complex Prohibits Use of E-Cigarettes!

[floridamale]

If it were me I'd just ignore it, as long as your not standing in front of a window vaping its impossible for them to know if your using an e-cig in your apartment, no lingering smoke or smells left behind by it.

I would have to agree with this, besides they will need to amend your lease to include a no smoking clause so untill it's up for re-newel I really don''t see what they can do. To be honest if I were looking at a place to lease that was non-smoking I would say I was a non-smoker in writting on the lease without giving it a second thought.

 

[maxy007]

That is crazy!!
Cook cabbage in your apartment, that smells more than vaping ever would.
Are they going to stop you cooking stuff that smells??

 

[FireHorse]

"The Term SMOKING means inhaling, exhaling, breathing or carrying any lighted tobacco product,
INCLUDING high-tech smoking devices commonly referred to as electronic cigarettes."

Well, since you're not using a high-tech smoking device, then you should be okay. You're using a personal vaporizer which you use to inhale vapor.

However, like others have said, if you don't have a large number of people with you to approach your landlord on this subject, vape with the blinds down and don't draw attention to yourself. As long as you're not vaping a tobacco flavored juice, there's no way they can tell you're using a PV inside. The smell of some juices will linger a bit, especially in closed areas, but most of the time, the smell doesn't last any longer than an air freshener.

 

[Polioud]

Here's their Definition of Smoking:

"The Term SMOKING means inhaling, exhaling, breathing or carrying any lighted tobacco product,
INCLUDING high-tech smoking devices commonly referred to as electronic cigarettes."

You are not lighting anything; so by THEIR definition you are in the clear. And as others mentioned above there is also no tobacco (nicotine extract is not tobacco).

 

[Tam323]

Marlo, I would just continue to vape in my apartment. since there is no smoke and it leaves no smell, darkening of the wall and does not physically affect anyone around you, I would just continue to do it. It sounds like your apartment management has no clue what "e-cigs" really are.

 

[Willriker]

Just give him a call and ask why he put this regularion inplace. Ask him what concerns he had that caused him to write it. Dont mention ecigs in your questions.

After he replys, inform him how his concerns do not apply to e-cigs.

I can almost guarantee that he is missinformed, and this is a good oppotunity to teach him.

 

[Wilvin]

While they are at it they should ban nicotine patch,gum, lozenges and any thing that has a trace amount of nicotine! Oh lets add perfumes, deodorant, and shampoos since a lot of people are allergic to them and a neighbor might smell it and have an allergic reaction. While we are at it peanuts, and shellfish since it might get on the something in the kitchen and cause the next tenet to have a reaction. Okay this is an over reaction but I used to work with someone that was kicked out of an apartment because she would wear a little perfume when she went on dates, her neighbor a few doors down was mildly allergic to the smell. and complained to the property management. The co worker said she was not going to stop using it. She got kicked out. Well that was her side of it, but I have heard of apartment complexes doing stuff like that.

 

[csr0883]

I'd try just talking to them and explaining it to them. People are more curious than you think.

 

[JonnyVapΣ]

With mortgage rates at an all time low why are you still in an apartment? LOL. Screw landlords.
But, seriously, screw landlords. You're not "smoking" anyway....well...unless you burn up your PV or run a cartomizer completely dry.

 

[KissMint]

I'd keep on vaping or just move out to show my point. It's not like you're killing anyone with the 2nd hand vapor, nor are you throwing cig butts on their property. Should they think the ecig will burn the place then electronics and appliances should be prohibited too! People are just going to far with anti smoking/vaping, really.

 

[Eric.MD]

KEEP VAPING! Ignore the new rule. As others have mentioned, at least in the United States, your leasing office has no right to modify the agreement of your lease without your approval. They CAN require you to sign a new lease when your current one expires, and at that point you would begin to be subject to their new rules.

Bottom-line is that you can argue that what you have is not only 'unlit' but it is also not an electronic cigarette, it is a personal vaporizer. There's no way in hell their argument would hold up in court.

Of course, no one will see anything or say anything if you keep on vaping anyhow. (BTW, rules like this are usually set up by the rental agency, and even the apartment leasing staff don't give a flying .....)

 

[Magus86]

Screw them. Unless your signature is on a paper that says you agree to that, they can't do anything about it. They can't just throw in new rules whenever they feel like it. All terms and conditions are to be represented on the lease you sign before you move in. If it's not on the lease, it doesn't matter.

It would be good to inform them of what e-cigs really are, but judging by the fact that they've already made this decision, they probably don't care. Chances are if you try to give them information that they don't want, they'll just get pissy and do everything they can to make your life hell. You can try if you want, but I wouldn't bother. How are they gonna prove you're doing it or stop you anyway? And you can't get kicked out for it unless you violated the lease, which you couldn't have done if it's not on the lease you signed... If they kick you out, take their asses to court for violating the lease.

 

[MarloNC]

I found it: Official NC Definition of Smoking:

Smoke, smokes, or smoking. – The use or possession of a lighted cigarette, lighted cigar, lighted pipe, or any other lighted tobacco product.

And my landlord is NOT using that definition. I guess they just made up their own.

Incidently, my landlord is a large company that owns about 30 apartment complexes in Eastern NC.

Thanks for all the replies and support.

 

[nozmoking]

Good luck in enforcing that.

 

[Twist]

Just ignore it. IMO trying to change their policy just paints a target on your back. No one likes "trouble makers" or "complainers."

You also have more rights with a lease then a cell phone contract. If they are trying to institute the new policy immediately this is grounds for you to break the lease if you don't agree to the new terms. Even if the lease has some stupid clause in it that says something like "We reserve the rights to change the terms of this contract at any time" the truth is they don't, and if you were to walk away and they came after you for breaking the lease they would lose.

 

[texastumbleweed]

wow. cannot believe this. i would NOT rent from them

 

[illinoismom]

KEEP VAPING! Ignore the new rule. As others have mentioned, at least in the United States, your leasing office has no right to modify the agreement of your lease without your approval. They CAN require you to sign a new lease when your current one expires, and at that point you would begin to be subject to their new rules.

Bottom-line is that you can argue that what you have is not only 'unlit' but it is also not an electronic cigarette, it is a personal vaporizer. There's no way in hell their argument would hold up in court.

Of course, no one will see anything or say anything if you keep on vaping anyhow. (BTW, rules like this are usually set up by the rental agency, and even the apartment leasing staff don't give a flying .....)

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

 

[illinoismom]

Just ignore it. IMO trying to change their policy just paints a target on your back. No one likes "trouble makers" or "complainers."

You also have more rights with a lease then a cell phone contract. If they are trying to institute the new policy immediately this is grounds for you to break the lease if you don't agree to the new terms. Even if the lease has some stupid clause in it that says something like "We reserve the rights to change the terms of this contract at any time" the truth is they don't, and if you were to walk away and they came after you for breaking the lease they would lose.

They sent him notice that effective Jan 1 2011 they are implementing this policy so they are giving them at least a 60 day notice and only 30n day's in required.

 

[Magus86]

What's it matter if properties with smokers tend to have more damage than others? He's not SMOKING, he is VAPING. BIG difference. No burn holes in the furniture, no carpet burns, no fire risk, no smoke, no tar, no yellow crap on the walls. Its similarities to smoking begin and end at the fact that he's putting something in his mouth, inhaling, and then exhaling something visible. That, and the nicotine, provided that he's not vaping 0 nicotine juice.

 

[illinoismom]

What's it matter if properties with smokers tend to have more damage than others? He's not SMOKING, he is VAPING. BIG difference. No burn holes in the furniture, no carpet burns, no fire risk, no smoke, no tar, no yellow crap on the walls. Its similarities to smoking begin and end at the fact that he's putting something in his mouth, inhaling, and then exhaling something visible. That, and the nicotine, provided that he's not vaping 0 nicotine juice.

I am well aware of this that he is vaping not smoking as I, I was just stating that more and more properties are going non smoking because of damages to the units. I did specify smoking when I responded. No need to jump, I was just answering his and every one else question about the legality of changing a rule and what kind of notice ones management company has to give them, Not whether he should vape or not, or if they had a leg to stand on if he did. I know vaping is not smoking