Jury finds heavy smoking to be grounds for eviction
Boston Globe
June 16, 2005

In a case that tobacco law specialists say is one of the first of its kind in the nation, a Boston Housing Court jury ruled that a South Boston couple could be evicted from their rented water-view loft for heavy smoking, even thoughsmoking was allowed in their lease.

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Last Friday, a jury ruled in favor of the landlord and the eviction. Even though the landlord could have written a nonsmoking clause into the lease and didn't, the jury found that the couple's heavy smoking violated a more general clause banning "any nuisance; any offensive noise, odor or fumes; or any hazard to health."

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Although the verdict is not binding on other courts, tobacco law specialists said the decision is one of the nation's first to declare smoking a nuisance serious enough to become grounds for eviction.

"It is very important, because it is a sign that people are more aware of how dangerous second-hand smoke is," said Professor Richard Daynard, chairman of Northeastern University's Tobacco Products Liability Project, which tracks second-hand smoke litigation nationally.

"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," Daynard said.

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