Does a landlord have the legal right to declare that a complex is non-smoking when that is not stated in the lease?

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Asked on July 6, 2012 under Real Estate Law, Pennsylvania


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Given the issues with second hand smoke as well as laws passed recently by municipalities prohibiting smoking in public parks and the like, a landlord of a rental complex has the right to declare the public areas of the complex as non-smoking.

However, with respect to the interior of a rental, if the written lease does not state that it is a non-smoking unit, the landlord cannot implement his or her edict contractually until the lease for each given unit comes due as being a "no smoking" area.

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