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RENTAL PROPERTY LEASE AND A NON-SMOKING CONTRACT
Ok, everything has checked out so far, now you just have to sign the lease. No big deal right, you’ve signed many leases before without any concerns or issues so this should be a breeze. However, there’s one additional piece of paper you didn’t expect to receive, not to mention sign. It’s a non-smoking contract that states you cannot smoke in the unit or on the premises. O, but wait, if you read the bottom of the contract carefully, it does state the designated areas where you can smoke.
Maybe you’ve seen or heard of this kind of contract before or maybe not, but it gets more interesting than this! According to an article I read on realtytimes.com, the landlord may have the authority to evict you for not following the non-smoking agreement. Is this allowed in your state? Of course, each state is different when it comes to rental agreements, disclosures, contracts, etc. However, after January 1, 2012 the government may be imposing their own terms for every state around this issue.
Would this be an issue for you, why or why not?
So, what if you’ve been in your rental property for days, months, years or any length of time prior to January 1, 2012? Apparently, if that’s the case and your landlord has changed his or her mind so to speak, and now doesn’t want smoking in or on their property, they would be required to give you something in writing, stating that they are changing the terms of the agreement. The document would have to give you plenty of notice so that you can either move out or just quit smoking.
What are your thoughts around this?
Now, let’s get to the most interesting part of all this. Landlords may have the right to prohibit tobacco products in or on their properties, but what about the non-tobacco products? What if you have a medical problem and you’ve been given permission by your doctor to use the non-tobacco product? Should the landlords excuse this?
Would this be an issue for you, why or why not?
It seems that there are many issues and questions around the use of smoking versus non-smoking in and on rental properties. According to the article, California has already encountered many of these concerns and issues. I suppose we’ll have to wait and see how this all unfolds in just a few short weeks.
