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Can my landlord kick me out of my apartment if we smoke outside?

There is nothing saying anywhere in our lease that we can't smoke. I smoke outside on our patio (which is not covered) we are the main floor aprtment and the lady upstairs says she can smell the smoke in her house? She complained to the landlord and keep in mind MY LANDLORD SAID WE COULD SMOKE OUTSIDE AS LONG AS THEIR WINDOWS WERE CLOSED.

The landlord came to the door last week and said that he is not renewing our lease b/c the lady upstairs complained about the smoke and she has been there longer.

My question can he do this to us? Also what can I do or say to him to rectify this problem.

8 Answers

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  • Anonymous
    1 decade ago
    Favorite Answer

    First, talk to the landlord. Unless you have it in writing, your landlord may have "conveient amnesia" regarding telling you that you could smoke outside. The resolution would be to step a few feet from the building and keep puffing. Tell him you will do this, as a compromise. Maybe that will soften his heart.

  • 6 years ago

    My landlord called me today, and told me that several people have come to look at the apartments upstairs. My neighbor also smokes. Hes saying his partner could smell it in the basement....doubtful. Anyway, I have lived her 10 years and my rent has NEVER been late. do all the yard work, 50 bags of mulch, I planted to complete flower gardens, etc...it make more welcoming. Never in my lease does it say I cant smoke. So what are my options? I cant move...Im unemployed.

  • Elle
    Lv 4
    1 decade ago

    He can't kick you out for it if it's not in your lease. HOWEVER if your lease is up for renewal he can choose to not allow you to renew for whatever reason he wants. I say if your lease is up look for a new place, this woman is likely to just keep complaining about whatever and you don't want to have to deal with that. Look for a building that allows smoking on the inside and outside. Good Luck

  • Anonymous
    1 decade ago

    No,your landlord can't kick you out of your apartment because it's not mentioned in your lease "not to smoke".As long as the public is concerned about your smoking there is 10% chance of being kicked out.The only thing you do is to apologise to the lady and make up negotiation.

    Source(s): aaw
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  • 1 decade ago

    Your landlord can choose not to renew your lease for any reason he wants. He can't evict you for just anything though.

  • 1 decade ago

    If your lease is up you have no recourse. He cannot kick you out before then.

  • Anonymous
    1 decade ago

    I don't think he can. Threaten to call a lawyer.

  • 1 decade ago

    I dont think they can, but if i was you dont worry about it, and move out.

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