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
tenant's lease nor in my month-to-month sublease. I pay rent on time. What are my rights?
ANSWER:
Given news reports over harmful effects of tobacco smoke, some landlords are writing lease and rental agreement clauses that prohibit smoking, either in tenant's unit or even 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 rules or make them up smack dab in middle of lease. If original tenant has a fixed-term lease, landlord cannot change its terms until lease expires. If that tenant rents month-to-month, landlord can make a change after giving tenant proper notice -- that is 30 days in most states.
