If my apartment buliding changed the inside smoking policy, does that break my lease so I can move to another place?

Asked on August 16, 2012 under Real Estate Law, Michigan


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

If the change occured mid-way through a lease and affects your own rental unit, then this may constitute a breach of lease sufficient to let your terminate the lease without penalty; in that instance, the landlord would be unilaterally (without your consent) changing how you may use your rental space, which is something he may generally not do. (Note that if there is any reservation of power or authority in your lease, for the landlord to impose rules like this later, however, then the landlord may be able to do this.)

However, if the change only affects common areas (e.g. lobby, out in front, hallways, etc.), then this would not constitute any breach of your lease; your lease provides possession of your rental unit, but does not impair the landlord's ability to set rules for the use of common areas.

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