LawRato

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


27-Mar-2023 (In Civil Law)
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 (3)

Answer #1
370 votes

Smoking policies in apartment buildings vary widely. Some allow smoking in designated areas or individual units, while others enforce strict smoke-free rules prohibiting smoking in all common spaces and, in some cases, even within private units if it affects neighbors. Many cities are adopting tighter regulations to limit secondhand smoke exposure. While there are no broad federal or state laws banning smoking in private residences, landlords or housing associations can set their own restrictions through rental agreements. In India, smoking is prohibited in "public places,"which includes common areas of apartment complexes such as lobbies, terraces, and recreation spaces, but there is no nationwide law banning smoking inside private units.

Helpful? LawRato LawRato
Advocate Chikirsha Mohanty

Adv. Chikirsha Mohanty

LawRatoDelhi | 200+ Answers
Chat with Advocate Chikirsha Mohanty Chat 
Answer #2
937 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.
Helpful? LawRato38+ LawRato
Advocate Pallavi K

Adv. Pallavi K

LawRato Bangalore / Bengaluru | 50+ Answers
Chat with Advocate Pallavi K Chat 
Answer #3
859 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.
Helpful? LawRato51+ LawRato
Advocate Swarnarka Chowdhury

Adv. Swarnarka Chowdhury

LawRatoMysore | 400+ Answers
Chat with Advocate Swarnarka Chowdhury Chat 

Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.

Report abuse?

Connect with top Civil lawyers for your specific legal issue
Connect with a Lawyer
Comments by Users

No Comments! Be the first one to comment.

"lawrato.com has handpicked some of the best Legal Experts in the country to help you get practical Legal Advice & help."

All Answers

Googling your legal issue online?

The internet is not a lawyer and neither are you.
Talk to a real lawyer about your legal issue.

LawRato