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Smoking restrictions in homes are legal

Smoking restrictions in homes are legal

By Nkoyo Iyamba | Posted - Oct. 12, 2010 at 6:43 a.m.



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SALT LAKE CITY -- As the nation becomes increasingly "smoke free," some of those who light up are finding they can't even take one puff in their own home.

So what happens when you rent an apartment, buy your dream house or condo? Analysts say you follow the rules.

"It's comparable to apartment complexes that say no pets," says KSL legal analyst Marguerite Driessen. "Or seniors only, or no children. They can make these things as terms of the lease."

It's all perfectly legal. Many landlords have terms that you must follow in lease agreements. Many properties have regulations in their codes, covenants, and restrictions that can cause you to lose your property if you don't comply.

"There can be all sorts of restrictions," explains Driessen. "Rules will range from things like you cannot change the exterior appearance of your unit to you must get prior approval for any kind of painting you're going to do."

Sellers and landlords need to make you aware of all restrictions before you sign any contract.

"The seller has to tell you and they have to make all the CC&Rs (codes, covenants, and restrictions) available prior to purchase," explains Driessen, "so you can review them and see if there is something you can't live with."

Driessen also says any type of regulation must be included in the terms of the lease or purchase contract to be enforceable by law. She also strongly suggests reading any lease or contract before you sign.

E-mail: niyamba@ksl.com

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Nkoyo Iyamba

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