What happens if you smoke in a rental house?

A landlord who has included a no-smoking policy in a lease or rental agreement can terminate the tenancy of or evict a tenant who smokes.Many judges won't evict when the tenant doesn't have a history of breaking the law and the illegal act is relatively minor (especially if marijuana is legal under state law).

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Eviction Notice for Smoking

Eviction Notice for Smoking

Name: Eviction Notice for Smoking
Brand: US Legal Forms
Price: 59.00 USD
Rating: 4.82 (422 reviews)

Category:

Landlord Tenant - Leases - Applications

State:

Multi-State

Control #:

US-02196BG-15

Format:

Instant download

Description

This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.

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FAQ

Usually, tenant smoking is easy to detect by the distinctive smell on walls, in carpeting and furniture, signs of ash or cigarette butts, and yellow or brown discoloration on walls, counters, cabinets, doors and trim. Even with camouflage, you can usually find enough signs to prove indoor smoking.

Because smokers are not a protected class under federal or state law, as a landlord you can refuse to rent to smokers.So, if you are interested in keeping your rental property 100% smoke-free, it is not illegal for you to refuse smoking tenants.

You'll usually be able to tell which room someone has been smoking in if you're able to smell things like curtains, carpet, couches, or rugs. Thankfully for us landlords, we'll be able to tell someone is smoking by smelling the floors, ceiling, or walls.

A landlord who has included a no-smoking policy in a lease or rental agreement can terminate the tenancy of or evict a tenant who smokes.Many judges won't evict when the tenant doesn't have a history of breaking the law and the illegal act is relatively minor (especially if marijuana is legal under state law).

Answer. Landlords have the right to prohibit or restrict smoking in their rental properties. Most of the time, a no-smoking policy is part of the lease or rental agreement. When tenants (or subtenants) sign a lease or rental agreement, they agree to be bound by its terms.

To make their properties smoke-free, Landlords have current tenants sign a No Smoking Lease Addendum when they renew their lease. New tenants sign the Addendum along with their lease. Smokers are welcome as long as they refrain from smoking while on the property.

Individual flats are exempt from the regulations. They don't prevent leaseholders from smoking in the privacy of their own homes. But they must not smoke in the internal communal areas it's against the law.If you smoke inside the communal areas, you could be fined up to £200 by the local authority.

More often than not, you will be able to tell if smoking has been taking place in a room it will be apparent on curtains, drapes, carpets, upholstered furniture and linen. The smell of smoke will cling to floors, walls and ceilings and is very hard to get rid of completely.

Eviction Notice for Smoking

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