Check out some similar questions!

d_gilmour · Jun 26, 2011, 08:03 PM

I posted an ad on Craigslist looking for a 'smoker friendly' apartment. I received a reply from a landlord and agreed to look at a rental unit. The counters and sink in the unit were covered in cigarette burns and although they were unattractive... I figured I had found a place where I could smoke. I signed the lease (which did not contain a no smoking stipulation) and gave a deposit of $1600 to the landlord. A week later (2 days before I was to move in) he informed me verbally that he did not want me to smoke on the premises. I told him that out of consideration for the other tenants, I would try smoking outside.

I've been here a month and he has since also removed my parking spot and asked me to not speak on the telephone or watch television without headphones after 10:30pm. Also... as he had not removed old furniture from the apartment until a week after my move in date... I had to stay with my girlfriend and store my furniture there. I have had enough of being lied to and have decided that I will in fact smoke in my apartment. What legal recourse do I have should he decide to take action?

ballengerb1 · Jun 26, 2011, 08:15 PM

What town and state is this located? You are only bound by what is in your lease and state/local/fed laws.

d_gilmour · Jun 26, 2011, 11:15 PM

I'm in Toronto, Ontario, Canada. As far as I know, he can only evict if it's specifically stipulated in the lease agreement but... my only real resource is the internet and I haven't been able to find any clear information.

ScottGem · Jun 27, 2011, 03:55 AM

First, when posting a follow-up question or info, please use the Answer options at the bottom of the page rather than the Comments.

If the lease specified a parking spot, then he can't take it away. If the apartment was not ready to move in and you incurred an expense due to that you are entitled to reimbursement.

If the lease does not specify no smoking and you can show that he responded to an ad you placed for a smoking friendly apartment, he can't legally evict you, but an unhappy landlord can make things very unhappy for you.

AK lawyer · Jun 27, 2011, 07:47 AM

Originally Posted by d_gilmour

... What legal recourse do I have should he decide to take action?

Does the lease provide for the landlord imposing rules and regulations by which the tenant may be bound? If so, he may have a hook to hang a hat on.

Otherwise, you may be a nuisance, but your landlord asked for it and would be, I believe, stuck.

d_gilmour · Jun 27, 2011, 05:18 PM

Thanks for the replies! Unfortunately the original ad I posted has since expired but I have spoken to my landlord and he has acknowledged that he did in fact respond to an ad for a smoke friendly apartment and I believe that he does not wish to pursue any legal action. I've already sent him my 60 days notice which will have me out of here on August 31st and it seems that it simply wouldn't be worth the time and effort involved. As my understanding goes, it would take more than 60 days for him to be able to do anything. My only concern now is that I may be 'interfering with the reasonable enjoyment of a rental until' for the tenant upstairs who... while having no health concerns, simply hates the smell of smoke.

Generally I wouldn't smoke out of consideration but the tenant upstairs hates everything. Including allowing me to park or speak in my rental until after 10:00pm.

Thanks again.

AK lawyer · Jun 27, 2011, 07:14 PM

Originally Posted by d_gilmour

... the tenant upstairs who... while having no health concerns, simply hates the smell of smoke.
...

I believe "second-hand smoke" has been shown to be a health concern. If the tenant upstairs can smell it, that's smoke. Perhaps not as much of a concern as being right next to you, but to some extent.

And anyway, health concern or not, sorry, but I have to say that the smell of cigarette smoke is obnoxious to many of us who don't smoke.

d_gilmour · Jun 27, 2011, 08:31 PM

It's true... most people do find second hand smoke obnoxious. One day, I'm sure nobody will smoke... and then we'll find some other group of people to vilify. Fact is, second hand smoke is a health concern due to carbon monoxide. I have a detector 10 feet away from me that reads 0 parts per million of carbon monoxide in the air so... I'm not concerned about his health. At the same time, if there were children up there, I would never consider smoking down here. It's the smell that he hates and I'm okay with that. Had he been remotely courteous or friendly to me on any occasion, I might reconsider but he has not. Horrible person.

ballengerb1 · Jun 27, 2011, 08:48 PM

This is a legal board and we always want to fully explain everything so the other reads also understand. The LL can't do anything like eviction unless he can prove the lease bars smoking and you keep smoking. Likewise, you can not give a 60 day notice to leave and break your lease just because the two of you don't agree. Tell the LL you want to smoke or be released from the lease with no fees or fines.