What to do if I live in an apartment and received a general disturbance letter that I cannot smoke inside or outside my apartment?

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What to do if I live in an apartment and received a general disturbance letter that I cannot smoke inside or outside my apartment?

They are stating that under a section of my lease, it reads that “…, all occupants of the apartment, residents, family, guests and invitees shall not be loud, boisterous, disorderly nor shall they individually collectively in any way whateoever disturb the rights, comforts, and conveniences of the Landlord, its agents, reps, or employees nor of other residents, guests, or invitees at The apartment community”. This is what they are using to say I cannot smoke. Can they do this?

Asked on June 25, 2012 under Real Estate Law, Florida

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

IF other tenants are complaining that your smoking is disturbing their rights and comfort, and if such complaints are reasonable (e.g. the average reasonable person would so complain--it's not that there are one or two particularly sensitive or anti-smoking tenants) then, yes, the landlord can tell you to cease smoking and potentially evict you if you do not. If you are smoking in public or common areas, or are a particularly heavy or chain smoker, then they might be able to substantiate this. Without actual, reasonable tenant complaints, the landlord would not seem to have a basis to tell you to not smoke, absent some actual anti-smoking clause in the lease.


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