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If the lease (which is a

#77822 On Wednesday, February 20, 2008 Guest (not verified) said,

If the lease (which is a legal and binding agreement), says nothing about not smoking, then it is your neighbor who either has to deal with the smoke, or move out. Unless explicitly stated in the lease, you do have the right to smoke in your unit.
Your concern over the comfort of your neighbor is laudable and commendable, but his comfort should not in any way negate your rights.
Sorry to those who disagree; but this is how it is and how it must be. You are protected by law in this matter. Someone's comfort or discomfort does not put onus or obligation on you to abandon your rights in favor of their comfort.
Appeal to law, not emotion.
And if necessary, hire a competent lawyer and defend your rights vigorously.

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