Is vaping considered smoking?

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Real Estate Agent 0488515

Is vaping considered smoking?

I asked this question yesterday in the Active Rain Q&A section and received many responses.

If a property owner does not want any vaping in their rental property how does one handle that.

The standard lease form we use in Texas contains the following with regards to smoking:

“F. Smoking: Smoking by Tenant, Tenant’s guest, family, or occupants is [ ] permitted [ ] not permitted on the property (including, but now limited to, the garage or outdoor areas of the Property). If smoking is not permitted and does occur on the property. Tenant will be in default and:

(1) Landlord may exercise Landlord’s remedies under Paragraph 27; and

(2) Landlord may deduct the security deposit damages to the Property caused by smoking, including but not limited to stains, burns, odors, and removal of debris.”

So far, no court in Texas has considered it. In Texas smoking is defined as inhaling or tasting of smoke produced by burning substances, most commonly tobacco. In vaping there is no burning of a substance, so I guess it could be argued it is not smoking.

Like everything else in real estate get it in writing. If the property owner does not want vaping in their property it should be spelled out in the lease.

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Rainmaker
3,133,625
Nina Hollander
Coldwell Banker Residential Brokerage - Charlotte, NC
Your Charlotte/Ballantyne/Waxhaw/Fort Mill Realtor

As I've often said, Richard, both to clients and other agents... if it's not in writing in real estate matters it doesn't exist.

Sep 13, 2019 05:12 AM #1
Rainmaker
4,107,206
Joan Cox
House to Home, Inc. - Denver Real Estate - 720-231-6373 - Denver, CO
Denver Real Estate - Selling One Home at a Time

Richard, vaping is becoming more and more popular, and so dangerous to our young kids.   Definitely have to add to a rental agreement.

Sep 13, 2019 05:18 AM #2
Rainmaker
3,054,284
Richard Weeks
Dallas, TX
REALTOR®, Broker

Nina,

So true

Sep 13, 2019 05:29 AM #3
Rainmaker
3,054,284
Richard Weeks
Dallas, TX
REALTOR®, Broker

Thanks Joan

Sep 13, 2019 05:29 AM #4
Rainmaker
1,789,041
Lottie Kendall
Compass - San Francisco, CA
Helping make your real estate dreams a reality

As you and Nina Hollander say -- put it in writing.

Sep 13, 2019 07:33 AM #5
Rainmaker
4,491,482
Ron and Alexandra Seigel
Napa Consultants - Carpinteria, CA
Luxury Real Estate Branding, Marketing & Strategy

Richard,

Yes, put in writing, and I considered a form of smoking.  It leave a trail and cloud.  On recent flights, the no smoking announcement includes vaping.  A

Sep 13, 2019 07:38 AM #6
Rainmaker
3,054,284
Richard Weeks
Dallas, TX
REALTOR®, Broker

Thanks Lottie

Sep 13, 2019 09:59 AM #7
Rainmaker
3,054,284
Richard Weeks
Dallas, TX
REALTOR®, Broker

Thanks Alexandra

Sep 13, 2019 10:00 AM #8
Rainer
408,723
Dan Hopper
Keller Williams Realty Downtown LLC - Denver, CO
Denver Realtor / Author / Advocate/Short Sale

I do not believe that "vaping" is a protected class ... so, if the Landlord does not want it in their property, guess it is no different as pets.

Sep 16, 2019 08:04 AM #9
Rainmaker
3,054,284
Richard Weeks
Dallas, TX
REALTOR®, Broker

Dan,

Of course if a property owner does not want smoking in their property they can specify that in the lease.  My point is vaping considered smoking.

Sep 16, 2019 08:48 AM #10
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Rainmaker
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Richard Weeks

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