Chicago Tenant Smoking Outdoors

[Frank S.]

Hello,

The Lease reads,

No Smoking is allowed in the apartment; the premise is a non smoking unit.

Based on this, can a tenant smoke outside in the porch and in the back yard by claiming that outside or the front porch is not "the apartment" and not the "premise". This is a two story building, open porch, non-owner occupied in Chicago.

The smoke gets in through the windows upstairs, and through the floors. The tenant may also be smoking inside. 

Because of this issues, can the tenant upstairs claim "nuisances", or "constructive eviction", or "terminate the Lease". I would have to agree that this is very annoying. 

What do you think?