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Added August 1st, 2005
In an unprecedented case, a Boston housing Jury has ruled that a couple could be evicted from their rented home for heavy smoking, despite the fact that that their lease allowed them to smoke in the property. Erin Carey and Ted Baar had been smoking heavily in the apartment, and neighbors began to complain about the smell of smoke seeping through the walls and affecting their properties. Further to these complaints, the landlord of the properties on Sleeper Street ordered the couple to leave the apartment.
The apartment in which Carey and Baar live is just a one bedroom property, and the couple run an I.T. sales business from the property, which means that they are in the apartment for the majority of the day. Each of the couple smokes about one pack of cigarettes each day, which equates to around forty cigarettes being smoked in the property each day. However, the couple have claimed that it is not the level of smoking that has affected the other properties but the poor construction and ventilation of the building.
The couple were ordered out of the property in November 2004, and earlier this month the jury ruled in the landlords favor. It is thought to be the first case where heavy smoking has been considered a nuisance in terms of a legal contract and has resulted in eviction.
Richard Daynard, chairman of Northeastern University's Tobacco Products Liability Project, stated: "It is very important, because it is a sign that people are more aware of how dangerous second-hand smoke is. I believe this decision could accelerate the willingness of courts to decide that, if you are creating smoke that is seeping into other people's units, you are doing something that has to stop."
Smoking Couple Face... | Printable Version (Opens In New Window)