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.