My landlord is trying to not only ban e-cigs but even owning a mod!!!

Status
Not open for further replies.

Amraann

Vaping Master
ECF Veteran
Jul 24, 2011
3,030
10,552
54
Florida
If the landlord is accepting govt money, he has to conform to govt regs.
They cannot be more restrictive than the regs provided by the govt entity that they are receiving money from.
So, you have to get a copy of the housing regulations from the agency that assists you with rent.
If the agency has no regulations against vaping, then the landlord cannot restrict it.

The reality, however, is different. Landlords can, and will, put restrictive leases out there, and if you have signed the lease, you will have to hire a lawyer and go to civil court.
If you dont, you will have to abide by the contract that you signed, regardless of right or wrong.
Amraann
You cannot smoke in public govt places. Apartments are not public.
Also, the argument that vaping is not a tobacco product doesnt usually hold up, if the nicotine is derived from tobacco.

Redacted

I was speaking strictly about Florida. Here it is all government owned buildings. Public or private no smoking.
 

Elyptic

Super Member
ECF Veteran
Verified Member
Nov 16, 2014
565
1,158
Upstate NY
^^Agree^^

with the caveat that it is not our life, if it was, I would have no problem with trying. Only the OP can figure out how far he wants to stick his neck out for the benefit of others that come behind him.

Exactly. I think that this thread has produced some very good advice. But in the end, the OP needs to determine what's best for their particular situation. I know what I'd do, but hey, it's not my life.
 
Seriously consider NOT drawing attention to yourself!!!!! If you do, then your a target and that will bring nothing but trouble. Seriously, his mind is made up. Here's what I would do. STAY SILENT and hide my vape stuff and continue to vape inside. It's not like anyone will smell it like smoking. I don't think talking to this man will do anything but expose you as a vapor. Be careful, lay low, stay unnoticed. I'm so sorry you have to go through this. It's not fair and seems like it's against your rights. However he does own the building and can do whatever the heck he wants. Sadly the laws, government, and higher ups will ALL be on his side and in his favor . So look out for yourself. Stay quiet, and stealth vape. Don't let him catch you or EVER see you doing it! I wish you the best. I'm just being realastic here. Best to fly under the radar with this. Trying to argue your point will only end badly in my opinion and experience. Keep us posted please! !


Just because the landlord owns the building doesn't mean he can "do whatever he wants". Renters not only have rights, but those rights are protected by law. Why should the OP hide like he's some kind of lawbreaker or doing something illegal? Perhaps we are just different kinds of people, but I feel the OP should stand up for his rights. It's the people who don't understand their rights (as a consumer, renter, citizen, etc) who are taken advantage of and get walked on by those who are abusing their authority. I agree somewhat with don't draw unwarranted attention to yourself by being rebellious just for the sake of being a d-bag, but I completely disagree with the notion that he should hide and vape like he's breaking the law or something. He needs to arm himself with the knowledge of what's legal, and what his rights are.....and if rights ARE being violated, the reaction should be firm and SMART (above all else) and stand up for those rights.

Sorry...I completely disagree with *tuck tail and hide* mentality. No offense.

Okay..rant finished.
 

Vatigu

Senior Member
ECF Veteran
Jan 6, 2015
157
169
Toronto, On, Canada
I still think you can raise your issue at the meeting and if they ignore you continue as normal and when they try to fine you tell them to sue and explain that your e-cig isn't capable of being lighted - nor is it an electronic smoking device. Therefore it is not covered under these rules in addition I would forward this paperwork to the government agency and argue that they are trying to ban possession of a legal device not just use of said device. I imagine the landlord will be told what's what on that one.

I imagine the landlord just included ecigs because they knew they existed based on "electronic smoking devices" he probably has no idea what they actually are It is possible some education might fix this.

In addition DO NOT sign anything until your original lease is complete. I don't know of anywhere where it is legal to unilaterally change the rules of a contract without agreement between all parties (Otherwise people would make insane offers then jack the rate as soon as you've signed) e.g. "Lease this car $1 a month..." *signed* "Actually How about $400 a month? Thanks, sucker"
 

Robino1

Resting in Peace
ECF Veteran
Sep 7, 2012
27,447
110,403
Treasure Coast, Florida
I don't know if this is an option, try to get more people to resist this. It could be that the landlord is thinking that no one will understand their rights. Which makes me think some other things that are not suitable for this thread and more for the OUTSIDE threads.

You get a large enough group to resist....

Sometimes things get dropped ;)
 

mcol

Vaping Master
ECF Veteran
May 5, 2013
4,517
19,662
Missouri
Was just reading about a judge's decision in DC that a homeowner for over
50 years must now go outside to smoke as the apparent duplex neighbors are
suing for damages from his smoke going through their basement ventilation
system and getting into their house thereby possibly doing harm to their
unborn baby. When does this madness stop? Ugh sorry just venting.
 

Scottitude

Ultra Member
ECF Veteran
Verified Member
Aug 18, 2010
1,496
1,379
Metro Detroit
scottitude.net
A wise man once said, and I'm paraphrasing, never play a game to the extent to which you cannot afford to get out of it.

We all need to realize that everybody's " game" is not necessarily the same as our own and encouraging someone in a different game to stand up for their rights or buck the system may not be in their best long-term interest.

I still believe there's some great advice here but ultimately, only the OP knows to what extent he/she can afford to play this game.
 

rhean

Super Member
ECF Veteran
Jul 10, 2013
444
240
Madison, Wisconsin
A wise man once said, and I'm paraphrasing, never play a game to the extent to which you cannot afford to get out of it.

We all need to realize that everybody's " game" is not necessarily the same as our own and encouraging someone in a different game to stand up for their rights or buck the system may not be in their best long-term interest.

I still believe there's some great advice here but ultimately, only the OP knows to what extent he/she can afford to play this game.

I'm afraid this is wise advice. Lawyers, moving are expensive. Only the op knows what is reasonable for him. The safest option in this case might be to vape in the privacy of his apartment, and limit his activism to writing his representatives, taking part through CASAA, supporting his local stores, etc.

Edit: A landlord has to give the tenant some warning before entering the apartment. It'd be really good to find out the rules on that.
 
Last edited:

WilsonPhillips

Senior Member
Feb 26, 2015
129
215
Here in Mississippi, we now have an Open Carry law. The said that property owners could post signs that weapons are not allowed on their property. The land lady went nuts and hung a "No Firearms Allowed" sign. I immediately called her to come over. She showed up and I said, "Hey you gotta check out this new Kimber .45 I just bought."

Nipped it in the bud. Yes, I still live here. :D

Am I suggesting the OP do it this way? Absolutely not. I've been living here for 18 years and I know what I can get away with.
 
Last edited:

NordicStag

Full Member
Mar 7, 2015
27
10
Salisbury, NC
The homeowner's association for one of my rentals no longer allows BBQs.
Wow... That adds to good neighborhood fellowship and atmosphere to have BBQs!!!! And this is a reason I will -never- live in a HOA area!!! Between stuff like that, the fact you are more or less a slave, and the anger they have toward HAM Radio operators..
 

Robino1

Resting in Peace
ECF Veteran
Sep 7, 2012
27,447
110,403
Treasure Coast, Florida
Wow... That adds to good neighborhood fellowship and atmosphere to have BBQs!!!! And this is a reason I will -never- live in a HOA area!!! Between stuff like that, the fact you are more or less a slave, and the anger they have toward HAM Radio operators..

I despise HOA's. In the one we lived at in the suburbs of Philly a few years ago, they wouldn't let you have the charcoal grill. Gas was still ok. I guess people didn't like the smell of fuel used to light the coals. Or the smell of the coals as they were on fire. I actually like that smell. Makes the burgers tasty too! :D
 

mcclintock

Ultra Member
ECF Veteran
  • Oct 28, 2014
    1,547
    1,787
    I expect a lot of people will be violating this rule worse than you. The penalties also aren't that bad, although if you get the first 2 strikes you'd better quit for real. Your fellow tenants may be more an enemy than the landlord. As long as the landlord doesn't want to get rid of you he probably won't mind if he knows you vape, as long as no one else knows, which he cannot allow. However, if someone else wants to harass or get rid of you, they can use that info. You may want to keep track of anything they're doing too.
     

    mcol

    Vaping Master
    ECF Veteran
    May 5, 2013
    4,517
    19,662
    Missouri
    I expect a lot of people will be violating this rule worse than you. The penalties also aren't that bad, although if you get the first 2 strikes you'd better quit for real. Your fellow tenants may be more an enemy than the landlord. As long as the landlord doesn't want to get rid of you he probably won't mind if he knows you vape, as long as no one else knows, which he cannot allow. However, if someone else wants to harass or get rid of you, they can use that info. You may want to keep track of anything they're doing too.

    Yup I can see this too, neighbors turning on neighbors and everyone blabbing on
    everyone else - including people you thought were your friends. What a world.
     

    beckdg

    ECF Guru
    ECF Veteran
    Verified Member
    Oct 1, 2013
    11,018
    35,705
    TN
    A wise man once said, and I'm paraphrasing, never play a game to the extent to which you cannot afford to get out of it.

    We all need to realize that everybody's " game" is not necessarily the same as our own and encouraging someone in a different game to stand up for their rights or buck the system may not be in their best long-term interest.

    I still believe there's some great advice here but ultimately, only the OP knows to what extent he/she can afford to play this game.

    exactly...

    plan A... move
    plan B... stay

    in the event plan B works out, your contingencies for plan A should have already been worked out.
     
    Status
    Not open for further replies.

    Users who are viewing this thread