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Electronic cigarettes allowed in rentals or not?

Electronic cigarettes allowed in rentals or not?

Often, rental applications will ask whether the tenant smokes cigarettes. Does that include e-cigarettes?

If you are one of the many landlords who have gone smoke-free, you’ve undoubtedly experienced the many benefits of non-smoking rentals. But, how do you stand on e-cigarettes?E-cigarettes are devices that look similar to cigarettes, but they operate electronically. The system uses liquid nicotine to produce a mist or vapor that can be inhaled. The process is powered by a rechargeable battery.

From the smoker’s perspective, using e-cigarettes isn’t “smoking”, and the vapor produced is not “secondhand” smoke. Sometimes these cigarettes are advertised as acceptable to use in places regular cigarettes are not.

It’s no surprise that many tenants believe e-cigarettes are not included in a smoking ban. Some may even answer “no” when asked if they smoke. If the lease or rules are silent on the issue, tenants may think that e-cigarettes are an exception.

If other tenants have to honor a smoking-ban, seeing the devices — which look very similar to regular cigarettes — could trigger complaints.

Some cities are looking at extending their smoking bans to include e-cigarettes. Bisnow’s Multifamily newsletter reports that 64% of its readers are in favor of banning e-cigarettes in multifamily buildings.

Apartment owners and managers have the right to regulate tobacco use in rental housing, including e-cigarettes. What will you do?

Comments:

I would say it depends what they emit. If there is any sort of smoke smell, then forbid the use. If the steam is just for effect, and doesn't smell/produce any chemicals that can stain, then I can't see a problem, as it won't damage the property (hopefully not).

E-cigarettes differ in that they do not emit smoke - merely vapor. They tend to be odorless and hence are more difficult to detect. Currently one can smoke these inside public spaces although I believe the EU are looking at introducing restrictions soon.

Therefore I would say at present e-cigarettes would not be included when referencing a typical "no-smoking" clause.

Perhaps it's time to create a "no-vaping" clause!!




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