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Featured Smoking Articles

Bolster Your Willpower With Stop Smoking Hypnosis Therapy
What is Stop Smoking Hypnosis Therapy? If you're a smoker, you've no doubt been alerted-- by family members, doctors and even perfect strangers--to the dangers of smoking. Cancer, emphysema and heart disease are only some of the health issues associated ...

Using Nicotine Gum To Quit Smoking
An addiction to nicotine is a serious one indeed. Many studies have shown that it is one of the most addictive substances known, and most people will gain a dependency to it soon after they start smoking regularly. When you smoke a cigarette, you body ...

Ways to Quit Smoking - Part 1
Help to quit smoking can be best obtained by helping your ownself by firm determination to quit smoking and help from family and friends. Also practicitng some simple techniques and taking certain medications can help quit smoking. The first thing to do ...





Can My Landlord Evict Me For Smoking?
 
QUESTION:

I'm subletting an apartment. My landlord wants to evict me for smoking -- and for allowing my guests to smoke, too. The tenant whom I rent from didn't mention any rules about smoking, nor were there any in the tenant's lease nor in my month-to-month sublease. I pay rent on time. What are my rights?

ANSWER:

Given the news reports over the harmful effects of tobacco smoke, some landlords are writing lease and rental agreement clauses that prohibit smoking, either in the tenant's unit or even the entire building. There has not yet been a successful legal challenge to a clearly written clause.

But it is quite a different animal to rewrite the rules or make them up smack dab in the middle of the lease. If the original tenant has a fixed-term lease, the landlord cannot change its terms until the lease expires. If that tenant rents month-to-month, the landlord can make a change after giving the tenant proper notice -- that is 30 days in most states.

Now, since you are a subtenant of a tenant with a lease, you must abide by the terms and conditions of the tenant's lease. For example, a no-pets clause in the lease would apply to you. But you also get to enjoy the rule about no changes mid-lease -- which means that the landlord cannot insist that you stop smoking. But watch out -- if the tenant from whom you rent were to decide that he didn't want you to smoke in the apartment, he could give you proper notice (again, usually 30 days) and you'd have to comply.



About the Author
dan the roommate man

www.roommateexpress.com

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Anti-smoking efforts are going a long way to help kick habit
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A recent study shows that Washington state has the third lowest smoking rate in the nation. That's great news and shows the value of public education ...
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