Your Landlord Can Evict You for Smoking

A person has the right to put down conditions for giving his or her house out on rent. Laws however state that these conditions should be reasonable and should be in relation to the business. In addition, the conditions set by the renter should not violate any anti-discrimination laws. For example, as per the American Federal Fair Housing Act, no one can be discriminated on the grounds of color, origin, race, gender, age and mental instability.

Your Landlord Can Evict You for Smoking under Section 10 of the Standard Form Lease

While signing the rental agreement or lease, your landlord can put additional conditions on you like no pets or smoking. So apart from complying with the collection and return of deposits and rent increases, you will also have to consider what the landlord will permit within his or her premises. In this case, the landlord will specifically mention the restrictions in Section of the Standard Form Lease. Your landlord can evict you for violating any of the conditions laid down in this section.

Your landlord can give a 30 day notice period for you to vacate his or her house for smoking.

Why do Landlords Evict Tenants for Smoking?

Eviction usually happens on account of the damages caused by cigarette smoke to the property – walls, furniture, etc. Sometimes landlords restrict smoking on the grounds of themselves or their neighbors not being able to bear the cigarette smoke.

Some people are of the opinion that smoking is a personal choice and one can enjoy that at least at home. But the protest to breathe clean air is putting smokers at a great risk of being rendered homeless by their landlords.

Can your Landlord Evict you for Smoking Within the Lease Period?

Your landlord cannot evict you within the stipulated lease period if no rules or regulations were laid down while signing the lease. If the restrictions are clearly mentioned by your landlord at the time of singing the rental agreement, then your chances of being evicted by your landlord for smoking are high.

When evicted you cannot do much but clear your deposits. However, incase your landlord cannot evict you for smoking because no rules were laid down initially, then utilize the time to solve your differences.

2 responses to Your Landlord Can Evict You for Smoking

  1. we have a tetant who smokes in the interior back porch of a 40+ yr old wooden building. i just moved in but have been informed this tenant who smokes has been doing it for some time, and has been told by the bldg management, along with the actual landlord. this person just shrugs and continues smoking. signs by the bldg manager has been taken down, in fact posted while this tenant smoker watched at which he became violent and even punched at the person who posted the no smoking sign. the bldg manager complains loudly all the time but have not done anything serious about this situation. now the manager is FINALLY talking of evicting this smoker. should this be the final chapter to this sorry event and situation? there is no “real” lease… thanks!!

  2. Dee said on July 13, 2011

    You might want to read the lease. Manager needs to put no smoking policy on lease and if he has he could hand this tenant 3 day notice to perform. If he has not then verbally this tenant will as you see cause problems. If this smoker became violent towards a helper putting up non smoking sign. Your lease may state under conduct that a tenant interefering with the welare and safety of other tenants could be in violation. Your manager should had given him a 3 day notice to perform when this all started and did it on paper. Good luck