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Posted by MikeW on July 21, 1999 at 12:33:38:

In Reply to: Right to Smoke in my own Room ? posted by Jimbo on July 20, 1999 at 23:16:54:

It sounds like there are no written agreements of any kind involved here. In that case, inforcing any kind of arbtrary rule here may not be possible.

However, there are other issues. You say there is no lease. Who is considered the prime tenant (ie. who rented the apartment, who does the LL recognize as the holder of the apartment)? If that is not you, the prime tenant could revoke your tenancy, and start eviction proceedings at will. While the smoking issues would be irrelevent to the case, it might provoke the prime tenants to take that action.

: I live in a house-share situation; about 7 of us share a house in Staten Island, that I believe is zoned as a multiple family dwelling...??
: We each have our own private bedrooms & share the rest of the house, the Landlord lives in another house down the street, we each pay seperate rents based on the size of our bedrooms. There is no lease.
: Today I recieved a letter from the landlord stating that others are complaining about my smoking (smoking has always been allowed in your private room as long as you keep your door shut, which I do). The Letter says that "We(?) have agreed that everyone must smoke outside only and not in private rooms."
: I didn't agree to anything and I don't know
: who "We" is that agreed to this. I have lived in this house for 6-1/2 years, longer than anyone else & smoking has always been allowed in your own private room. No-one has said a single word to me about my smoking. There are others here that smoke also.

: Do I have the right to smoke in my own room ?
: Can the landlord & others order me to smoke outside ?
: I haven't spoken to the landlord or anyone else yet.
: Was hoping I could get some answers here first

: Fell free to E-Mail me with any info, Thanks

Follow Ups:

• Re: Probably not Anna 7/21/99 (4)
  • Re: Probably not Jimbo 7/21/99 (1)
    • Re: you can smoke if it is an apartment Anna 7/21/99 (0)
  • Oops MikeW 7/21/99 (1)
    • Re: Oops; me too Anna 7/21/99 (0)

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Comments:
: It sounds like there are no written agreements of any kind involved here.  In that case, inforcing any kind of arbtrary rule here may not be possible.

: However, there are other issues.  You say there is no lease.  Who is considered the prime tenant (ie. who rented the apartment, who does the LL recognize as the holder of the apartment)?  If that is not you, the prime tenant could revoke your tenancy, and start eviction proceedings at will.  While the smoking issues would be irrelevent to the case, it might provoke the prime tenants to take that action.

: : I live in a house-share situation; about 7 of us share a house in Staten Island, that I believe is zoned as a multiple family dwelling...??  
: : We each have our own private bedrooms & share the rest of the house, the Landlord lives in another house down the street, we each pay seperate rents based on the size of our bedrooms.  There is no lease. 
: :   Today I recieved a letter from the landlord stating that others are complaining about my smoking (smoking has always been allowed in your private room as long as you keep your door shut, which I do).  The Letter says that "We(?) have agreed that everyone must smoke outside only and not in private rooms."
: :   I didn't agree to anything and I don't know 
: : who "We" is that agreed to this.  I have lived in this house for 6-1/2 years, longer than anyone else & smoking has always been allowed in your own private room.  No-one has said a single word to me about my smoking.  There are others here that smoke also.

: : Do I have the right to smoke in my own room ?
: : Can the landlord & others order me to smoke outside ?   
: : I haven't spoken to the landlord or anyone else yet.
: : Was hoping I could get some answers here first

: : Fell free to E-Mail me with any info, Thanks


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