Can a landlord legally tell you that you can't smoke in your apartment after you sign the lease?

Question

Connecticut

Answer 1

it must be in the lease before you sign it in order for you to be prohibited. However, even if it is, there are fair housing issues to be thought of. Depending on how many apartments he has, he cannot have an arbitrary reason for allowing one apt to be smoking and one non smoking. if he has a completely smoke free building or certain floors that are smoke free, then this wouldn't violate fair housing, but if its just random, even if it is in the lease, its not likely enforceable.
and the person who said about not paying rent while you're tied up in court....you're supposed to pay it to the court who will hold it pending the outcome of your case. this shows the tenant's good faith. Heaven forbid you lose and you haven't paid rent for 8 months, the judge is not going to look favorably on that.

p.s. a landlord CAN tell you what to do in your own apartment, he just has to tell you before you sign and preferably in the lease if he wants a chance of enforcing it. can range from no pets, to quiet hours, to no waterbeds, or hot plates, or holes in the wall. Whoever thinks a landlord can't tell you what to do in the property he rents to you probably never gets their security deposits back.

pps. its assumed, without being in the lease, that all illegal activities are prohibited, so now cathouses or meth labs...even if you didn't specifically agree to it.

Answer 2

It depends on the laws in CT. Some states/cities now allow landlords to prohibit smoking in rental properties, and some even require it. If that's not the case he'll get you when it comes to your security deposit. Smoking colors the walls and leaves an odor that must be cleaned. This is not cheap.

Also read you lease, some have a clause in them about following the rules of the apartment building. These can be changed from time to time to include new rules and/or change/delete current rules. The rules though have to be enforced throughout the building. It can't just be you following the rule on smoking and everyone else can disregard it.

Answer 3

No, probably not.

However, they might be able to withhold some of your deposit for smoke damage. Not real likely, but since they have the money, it's one of those things where you have to challenge any decision they make in small claims court.

A landlord can put just about anything they want in a lease, but you have to check the local housing laws to find out what clauses are actually legal and enforceable. For example, in most cities, it would be illegal to forbid children from an apartment. That doesn't mean the lease can't include a clause forbidding children; it just means the landlord has no recourse if you violate that particular clause.

In most cities, a no-smoking clause is also unenforceable, but you'd have to check the local housing laws to be sure.

Answer 4

It should be in the lease if thats how the landlord wants it. It varies from place to place, so you might want to check with your local housing board, but I know here, in Ontario, you can't make changes like that after the lease has been signed.

Answer 5

Only if it's in the lease. They cannot change things after you 2 have signed a legally binding agreement.

Answer 6

If there is no stipulation in the Lease

No
The lease is a legally binding contract that cannot be altertered after both parties agree
Smoking drugs would be a different issue

Answer 7

ONLY IF IT WAS IN THE LEASE TO BEGIN WITH IF IT WAS NOT IN THE LEASE THAT YOU COULD NOT SMOKE IN THE APARTMENT THEN LIGHT UP
ALSO CONTACT THE COURTS ON THIS
HE CAN NOT TELL YOU WHAT YOU CAN DO IN YOUR HOME
AND YOU CAN BLEED AN EVICTION IN CONN FOR 9-11 MONTHS JUST KEEP FILING DISCOVERY'S AND APPEALS
IT WILL DRIVE HIM CRAZY TRYING TO GET YOU OUT AND YOUR NOT PAYING RENT THE WHOLE TIME GOOD LUCK

Answer 8

No. Not even if it's in the lease.
My lease says no pets and yet I have about a thousand cockroaches crawling the walls on a daily basis.
He won't break my lease.

Answer 9

Do you have a copy of your lease? Does it specifically state that you are not allowed to smoke? I believe this usually should be in writing. Still, it is his property, maybe you should abide by the rule, if any damage happens you could lose your deposit.

Answer 10

It would have to be in the lease to be legal. However remember that he can evict you for little or no reason, best thing to probably do is move to a more friendly place.