What to do if I live in a housing complex that has allowed smokers but now wants to go smoke free and have either the smokers have to quit or face eviction?

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What to do if I live in a housing complex that has allowed smokers but now wants to go smoke free and have either the smokers have to quit or face eviction?

it is not in our lease that this is a smoke free housing but they plan to add it to the new leases. If we do not quit smoking and or sign the new lease we will be evicted. Is this possible?

Asked on February 21, 2012 under Real Estate Law, New York

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Yes, it is possible. Landlords may add any clause to leases when they renew (or to new leases, at their inception) that is not illegal, and banning smoking or having smoke-free buildings is not illegal. Any tenant who violates the lease, including a no-smoking clause, could be evicted (after notice and a chance to stop) for breach of lease. It does not matter what the building has done or allowed before--new clauses, terms, etc. may be added to leases on renewal that have nothing to do with what went before.


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