The ad did not say anything about not smoling. Now the landlord wants me to sign a paper stating I can not smoke in my apartment Can he do this

Asked on May 30, 2009 under Real Estate Law, Colorado


M.H., Member, California Bar / M.H., Member, California Bar

Answered 11 years ago | Contributor

You need to give more information.  Did you sign a lease?  If you signed a lease, the terms govern both of your responsibilities and rights and I don't see how you could be forced after the fact to sign something to change those responsibilities and rights.  Have there been complaints by neighbors?  Landlords can and do sue to abate what is known as a nuisance in some states - that is, conduct from your residence that impairs the rights of other residents in their quiet enjoyment of the premises. You would do well to stay on the right side of your landlord, but if you have a signed lease and there have been no complaints, I'd say stand your ground.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.