Boston jury finds heavy smoking to be grounds for eviction.

In a case that tobacco law specialists say is one of the first of its kind in the nation, a Boston Housing Court jury on June 10 ruled that a South Boston couple could be evicted from their rented water-view loft for heavy smoking, even though smoking was allowed in their lease.

First reported in The Boston Globe, the residents, who each smoke about a pack a day and run an information technology sales business out of the one-bedroom unit, fought the eviction, arguing in court that the converted warehouse's shoddy construction and aging ventilation system were to blame for the wayward odors.

A jury ruled in favor of the property owner and the eviction finding that the couple's heavy smoking violated a general clause banning "any nuisance; any offensive noise, odor or fumes; or any hazard to health." The jury also found that under the state sanitary code, property owners are not required to "prevent odors from escaping an apartment" and that it was the couple's responsibility to moderate their smoking.

Although the verdict is not binding on other courts, tobacco law specialists said the decision is one of the nation's first to declare smoking a nuisance serious enough to become grounds for eviction. The verdict could be cited in other Boston tenant-landlord disputes.

The jury found that the residents' cigarette use was so constant and so heavy that it rose to the same nuisance level as loud parties or excessive noise and created an unhealthful condition for other residents.