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Tenant and members of Tenants household shall not smoke anywhere in the unit rented by Tenant, or the building where the Tenants dwelling is located or in any of the common areas or adjoining grounds of such building or other parts of the rental community, nor shall Tenant permit any guests or visitors under the
In other words, unless it states explicitly in your lease that you are not allowed to smoke on a balcony, then you should assume that you areand if smoking is something that tends to bother you (or you have a corresponding health risk, like asthma), this is something you should keep in mind when signing a lease.
Properties that are rented to exclusive occupiers i.e. bedsits, flats and houses can be smoked in, unless the tenancy agreement states otherwise - but where a tenant bdocHubes this clause a Section 8 Notice would have to be issued.
It is perfectly legal for landlords/property owners to adopt policies prohibiting smoking in all indoor areas of their buildings, including in living units or even on their property. There is no legal or constitutional right to smoke.
Smoke tends to rise up through drafty floors, heating vents, cracks under doors, piping that isnt sealed under sinks and various other ways. An upper apartment will collect both finer smoke particles and especially the most harmful contaminants of secondhand smoke: gases.

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Smoking shall be prohibited throughout the entire building and grounds, including but not limited to, inside all tenants units, hallways, stairways, foyers, common rooms and facilities, decks, patios, exterior landings, front steps, entrance ways, roof tops, fire escapes, basements, storage areas, parking areas,
Effective January 1, 2023, smoking tobacco inside any part of a multi-family residential dwelling is prohibited (units, private balconies, patios).

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