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The balcony is part of the apartment and still the landlords property. So yes they can. A property owner can ban smoking on all or any part of their property they wish.
Under both Oregon and Washingtons laws, smoking is prohibited in all indoor common areas and anywhere an employee must enter as part of their duties, such as an office. Doorways, windows, vents and air intakes must be smokefree within 10 feet of a building in Oregon and within 25 feet in Washington.
If you have a Landlord/Tenant Law complaint or questions, please go to Oregonlawcenter.org or contact your local Legal Aid Services. If you are currently facing eviction, please contact the Eviction Defense Project at 888-585-9638 or online at oregonlawcenter.org/eviction-defense-project.
Landlords are responsible to take reasonable steps to prevent people from smoking/vaping within the six metre buffer zone on their property. The legislation does not apply to the private rental units or balconies, but does apply to areas that are common to all tenants, workers and guests of the building.
There are different regulations about signage for England and Wales. It is an offense not to display the signs. Whether you agree or disagree with the law, your landlord and managing agent have a duty to prevent anyone from smoking in communal parts of the building. If they do not challenge smokers they can be fined.
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Burn some incense or a scented candle. You will need to have something to cover up the smell of the smoke, so try lighting a couple of sticks of incense or a scented candle. If you dont have any of these things, then you can also spray some air freshener around your room before and after you start smoking.
You cannot smoke or vape in an enclosed public place. An enclosed public place means any part of a building, structure or vehicle that is covered by a roof and where the public is invited or has access.
Intentionally and unreasonably interfering with and substantially impairing the enjoyment or use of the premises by the tenant.
A landlord cannot evict a tenant without an adequately obtained eviction notice and sufficient time. A landlord cannot retaliate against a tenant for a complaint. A landlord cannot forego completing necessary repairs or force a tenant to do their own repairs.
Oregons Indoor Clean Air Act (ICAA) protects nearly every person in Oregon from the health risks of secondhand smoke. The ICAA prohibits smoking in the workplace and within 10 feet of all entrances, exits and accessibility ramps that lead to and from an entrance or exit, windows that open and air-intake vents.

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