June 05, 2005


by Guest Contributor

I'd like to follow Jason's example and introduce myself. My name is Jed Sorokin-Altmann, and I am a 0L. I'm currently scheduled to start at Northeastern Law School this Fall, but also on several waiting lists (so you know its going to be a long summer!). I intend to post throughout the summer and beyond, if PG likes my writings, that is. My interests are primarily constitutional law, criminal law, and appellate law, although I am a generally curious person and like learning about everything.

To start things off, one item of interest comes from Massachusetts Lawyers Weekly. On Friday, a jury in Boston's Housing Court issued a verdict that held that "cigarette smoking in a rented condominium unit is a legal nuisance - a case that appears to be the first of its kind in the country." The unusual aspect here is that smoking is allowed in the building.

Given that the lease allows smoking and that the landlord knew the tenants were smoking, I find it hard to agree with the reasoning that the smokers somehow breached their lease. The complaining tenants chose to live in a building that allowed smoking. While I don't understand why anyone would smoke, and I don't believe people should smoke in public spaces, people should be able to smoke in their own apartments when the lease allows smoking!

June 5, 2005 09:12 PM | TrackBack
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