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1irish1 · Aug 25, 2008, 07:17 AM

I have been renting from my home for 5 months. We have a 1 year lease. My landlord called and told me that the homeowner will be coming into town to check on us because a neighbor told him we were smoking in the house. We have never smoked in this house, much less in the home we used to own. The landlord told us that the homeowner stated that if we are smoking in the home we will be evicted. We were not given a time that he is coming up. I do know he is friends with the neighbor and they don't speak to us for some reason. Can he evict us for this reason, even if we are not and never have smoked in the house?

Thank you

JudyKayTee · Aug 25, 2008, 07:27 AM

Originally Posted by 1irish1

I have been renting from my home for 5 months. My landlord called and told me that the homeowner will be coming into town to check on us because a neighbor told him we were smoking in the house. We have never smoked in this house, much less in the home we used to own. The landlord told us that the homeowner stated that if we are smoking in the home we will be evicted. We were not given a time that he is coming up. I do know he is friends with the neighbor and they don't speak to us for some reason. Can he evict us for this reason, even if we are not and never have smoked in the house?

Thank you

If you are month to month the landlord can evict you for any reason, made up or real, as long as he/she follows the legal requirements to evict in your State.

If you have a lease the landlord can attempt to evict but would have to prove you broke a condition of the lease.

ScottGem · Aug 25, 2008, 08:38 AM

First, A landlord is someone who owns property and rents it out. So what you are referring to as the landlord is probably a property manager since the homeowner is the landlord.

Second, if the lease states no smoking in the house and they can prove that you were smoking, yes you can be evicted. But it would have to be convincing proof, not just the word of some neighbor who has never been in the house.

However, if you are on a month to month lease, your lease can be terminated with one rental period's notice for no reason.