Landlord attempting to restrict smoking

[sdavidson]

What is the name of your state? Minnesota

A month ago I signed a year lease for a duplex style apartment. My roommate and I are on the ground floor, with another unit above us. The landlord said nothing about not smoking in the apartment. After we signed the lease smoking did come up and we informed him that we both are smokers. He asked us to try and smoke outside if we could so as not to disturb the tenents upstairs. We agreed that we would try to smoke outside when it was nice out to cut down on the smell. There is nothing in our lease stating that we are not allowed to smoke in our apartment.

Later I found out that the tenents upstairs do smoke so we have been smoking more inside the apartment instead of going outside as much as we used to. Our landlord came to make repairs and complained about the smoke smell in the apartment. I informed him that there is nothing in our lease stating we cannot smoke in the apartment but I did agree to try and cut down on the smell by buying a fan and a few air fresheners. I did tell him that we would smoke in our apartment and he said that he was going to try and take legal action against us or attempt to change the lease agreement.

Can a landlord change the terms of a lease when it is already in effect? Can he prohibit us from smoking in our own unit if it is not in the lease?

 

[south]

If there are strong smoke smells in the unit this means you are causing damage and can be held liable.

Smoking causes paint to discolor and requires bleaching prior to re-painting which is an expensive remodelling task and extremely damaging to a unit, also carpets and floors get damaged and smoking in the building can be an annoyance to others which is against the terms of a lease.

Your lease also does not state you cannot piss on the floor, if you are causing damage the landlord has a right to protect his building.

What is the name of your state? Minnesota

A month ago I signed a year lease for a duplex style apartment. My roommate and I are on the ground floor, with another unit above us. The landlord said nothing about not smoking in the apartment. After we signed the lease smoking did come up and we informed him that we both are smokers. He asked us to try and smoke outside if we could so as not to disturb the tenents upstairs. We agreed that we would try to smoke outside when it was nice out to cut down on the smell. There is nothing in our lease stating that we are not allowed to smoke in our apartment.

Later I found out that the tenents upstairs do smoke so we have been smoking more inside the apartment instead of going outside as much as we used to. Our landlord came to make repairs and complained about the smoke smell in the apartment. I informed him that there is nothing in our lease stating we cannot smoke in the apartment but I did agree to try and cut down on the smell by buying a fan and a few air fresheners. I did tell him that we would smoke in our apartment and he said that he was going to try and take legal action against us or attempt to change the lease agreement.

Can a landlord change the terms of a lease when it is already in effect? Can he prohibit us from smoking in our own unit if it is not in the lease?

 

[absconder]

Yea this is the last apt Ill ever smoke in.After moving out of our last apt we were hit with a $700 charge for nicotene damage and theres no way around it.I already have been lighting up in this one so Ill take the hit once more but not after this..........blah blah blah

 

[sdavidson]

what about upstairs neighbors??

What about the people living upstairs who also smoke?? Wouldn't they also be going against the terms of their lease??

If there are strong smoke smells in the unit this means you are causing damage and can be held liable.

Smoking causes paint to discolor and requires bleaching prior to re-painting which is an expensive remodelling task and extremely damaging to a unit, also carpets and floors get damaged and smoking in the building can be an annoyance to others which is against the terms of a lease.

Your lease also does not state you cannot piss on the floor, if you are causing damage the landlord has a right to protect his building.

 

[queenofsand]

Usually the terms of a lease cannot be changed without both parties agreeing to those changes. If you continue to smoke in your apt. be prepared to be charged for the extra cleaning necessary (if you don't go above and beyond in your cleaning).

As far as the neighbors...don't worry about their business...you've got enough stuff in your own life to keep you busy. When I read posts that contain 'but the other tenants are doing it' I cringe...that type of thinking suggests immaturity. But mommmmmmmmmmmmmmmmmmmmmmmmm, everybody else is doing it.

 

[south]

What about them?? They are causing damage as well and are equaly as liable.

The landlord does not want his unit coated in nicotine smells and nicotine stains if he did he would get a cigarette company to decorate it in the first place.

What about the people living upstairs who also smoke?? Wouldn't they also be going against the terms of their lease??

 

[BelizeBreeze]

And, of course, the LEGAL answer to the question is NO, the landlord cannot unilaterally change the terms of the lease without consent of the leasor.

 

[south]

But he can step in when damage is being caused to his property.

And, of course, the LEGAL answer to the question is NO, the landlord cannot unilaterally change the terms of the lease without consent of the leasor.

 

[longneck]

there's probably an early termination clause in the lease that the landlord could exercise if the tenant refuses to sign a new lease.

 

[ENASNI]

Hee Hee

Usually the terms of a lease cannot be changed without both parties agreeing to those changes. If you continue to smoke in your apt. be prepared to be charged for the extra cleaning necessary (if you don't go above and beyond in your cleaning).

As far as the neighbors...don't worry about their business...you've got enough stuff in your own life to keep you busy. When I read posts that contain 'but the other tenants are doing it' I cringe...that type of thinking suggests immaturity. But mommmmmmmmmmmmmmmmmmmmmmmmm, everybody else is doing it.

I am not a religious girl... but Amen Queenie!~

 

[BelizeBreeze]

But he can step in when damage is being caused to his property.

In this case, no he cannot. He would have to prove to a court that the 'damage' is sufficient to cause a breach of contract and it clearly is not.

there's probably an early termination clause in the lease that the landlord could exercise if the tenant refuses to sign a new lease.

Such statements show a total ignorance of L/T laws. An early termination clause has absolutely nothing to do with this situation. The contract between the parties has been ratified and baring action to evict, for which substantitive facts must be proven, the landlord has no grounds to void the lease.

My god people, is this a new shipment of fools

 

[BL]

Ahh yep ...

 

[BelizeBreeze]

Ahh yep ...

Love the new sig. and VERY relevant

 

[PghREA]

You know, even though you rent, you can air out the apartment, wash the walls down and steam clean the carpets periodically to eliminate the nicotine
smell and damage. They even make air-purifiers to elimate the smell.

 

[dequeendistress]

I would have loved to prevent smoking in our dwelling unit. (see my latest post)

Landlord can charge you (regardless if the clause non-smoking is in your lease or not) for any damages beyond normal wear and tear, key word is "normal".