Is my landlord breaking the lease contract?

Question

In multiple places my lease says specifically that my apartment has "NO SMOKING" allowed. The landlord told me that the whole building is, as well. My neighbor has been smoking pot and cigarettes in her apt. I have reported this to the landlord on many occasions. He said he told her to stop, but has never "caught her in the act." Even the maintenance man said it smells in the building.
I chose this particular apartment because it was non-smoking and has new carpet, so it doesn't smell like smoke. I also have really bad allergies, and have been sick twice since living here for only 2.5 months.

Is he violating our lease agreement by allowing them to continue to smoke?

Answer 1

Check with a local state agency (Better Business Bureau or Consumer Affairs?) concerning your rights as a renter. The laws vary from state to state, but you should be able to get a pamphlet called Renters Rights and Responsibilities, or something to that effect, which outlines your rights. You can also find this information online. Remember to specify your state.

Here are a couple of options I was able to find online:
1) Start making notes of dates and times when the smell is affecting you. There have been instances where tenants have sued their landlords for failing to provide "habitable" residences. In the case of the one I read about, the tenant won. If you can prove that you are becoming ill due to this other tenant, you may have a case.
2) Also using the documentation you make, your landlord may have the right to evict your neighbor. You would become a witness to the breach of contract, allowing your landlord to legally evict your neighbor.

However, there are also cases where contracts have been overturned in instances where certain prohibitions have been ignored. There was a case where a landlord tried to evict a tenant for having animals, which was prohibited on the lease, but because the tenants and landlord both knew that the tenant had pets, that part of the contract became void. While it does not seem as if your landlord knew when she moved in that your neighbor smoked, it IS his job to enforce the contract... especially if it is negatively affecting your health. Consider telling your landlord about these instances. Perhaps he is not completely aware of HIS- and your- rights.

Good Luck!

Answer 2

It depends on the lease. Most leases that I have had on rental contracts had a clause in them that stated in the event the building was sold, the landlord only has to provide 45 days notice of the sale before the lease is terminated.

Answer 3

The landlord didn't violate your lease agreement. He has no control over what his tenants do in the privacy of their homes.
Your neighbor may have violated hers. The trick is for the landlord to catch her in the act.

Take care

Answer 4

He's right. He has to have proof that she is smoking in her apt or he will be opening himself up for a lawsuit from your neighbor. Having cigarette butts in an ashtray (which you didn't mention, but could be thinking of) is not good enough. He has to catch her or have some kind of proof like a photo or video from a camera phone.

Answer 5

Yes. Get him to go into this smoker's apartment. Accompany him and ask him if he smells smoke. Cigarette smoke has a distinctive smell.

Answer 6

Yes. He must not let anyone use tobacco in the building. Stand up for yourself and enforce the lease. Tell him you want it stopped or you will see a lawyer....