Smoking inside apartment a hot-button issue

Can landlord legally ban such activity?

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Question: My husband, 3-year-old daughter and I recently moved. My husband and I are smokers. The first night in our new apartment, the landlord said she wasn't aware that we were smokers, and asked that we not smoke in the front room, which is the living room. My husband and I agreed not to smoke in the living room. The landlord informed us that she couldn't smell the smoke, as long as we weren't smoking in the living room. After about a month the landlord informed us that she doesn't want smoking in the house period. My husband and I informed her that we would not smoke in the front room, but that we would smoke anywhere else in the house we wished to. Because we stood up for ourselves and said there's no law against smoking except in public places, we have been receiving letters from various lawyers saying we have two weeks to stop smoking. I feel this is discrimination, what are our rights? Landlords' attorney McKinley replies: Unless a written lease or rental contract specifical...