Right of tenants to smoke in their own apartment with windows closed


Hello All, I reside in a residential apartment in Bangalore. We are a bunch of bachelors living on rent in this building. We smoke in our home after returning from our work. As we do not smoke in public places we prefer coming home and smoke within our house. The family staying above us raised a complaint because the smoke was elevating to her house and affecting her kids. We understood the situation we went and apologized to them. We told them we'll make sure that all our windows are closed whenever we smoke. But the guy is asking us to not smoke in our own apartment, instead asked us to smoke in public place. Now we don't want to cause inconvenience to others as we know people have their right to rightfully stay away from the smoke. But does it give them the right to ask us to not smoke in our private space even though we assured them that windows will be closed whenever we smoke? Where do we stand in our issue? we do not want to be of any inconvenience to others, but can't we smoke

Answers (2)


256 votes

As per supreme court guidelines you cannot smoke in public places but you can smoke inside your home or any place designated as smoking zone. In home also you need to take permission of other people if you need to smoke.

In your case though since its your room you can do as you like but ensure that smoke don't reach other apartment or they have right to restrict you from smoking. Ensure everything is secured before you people smoke.


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255 votes

Hello sir,
Smoking is prohibited in public areas. There is no such restrictions on you smoking in your own house. I wonder as to how the smoke is that strong enough to travel to your neighbours who are residing above you.

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