[cked]

My mother rented her apartment with the agreement that she could smoke inside if she paid a double deposit. We failed to ask the manager to write this specifically in to the lease, but it does show that she was paying double the amount of the required deposit. She was very up front about her intentions to smoke inside when we negociated the lease with the manager. Then one month after she had moved in the Property Owner showed up at her door insisting that since they had received a complaint from one of the other tenants about the smoke smell coming through the walls she was going to have to move out. My mother is very upset. She cannot afford the expense of moving again along with new utility deposits etc. Shouldn't it be the responsibility of the Landlord to take steps to resolve the smoke issue with the other tenant (extra insulation or something) since they rented the apartment to my mother knowing it was her intent to smoke inside and paid the double deposit in order to have the right to do so?

[ScottGem]

No it is not the responsibility of the landlord to reduce the second hand smoke. However, if she can prove that she was rented the apartment with the knowledge that she would be smoking she may be able to forestall an eviction action.

[joypulv]

I think she has a case against the right of the owner to evict her. She may have to appear in court and she probably won't be given the option to renew next year.

[cked]

I think she has a case against the right of the owner to evict her. She may have to appear in court and she probably won't be given the option to renew next year.

Thank You for your opinion! None renewal would be understandable. The other thing is she has rented in this same complex and same owner previously and they knew that she smoked in that apartment. That is why they asked for the double deposit this time. I can't imagine that they could say they did not think she would smoke this time.

[cked]

No it is not the responsibility of the landlord to reduce the second hand smoke. However, if she can prove that she was rented the apartment with the knowledge that she would be smoking she may be able to forestall an eviction action.

Thank you for your opinion!
She had rented in the same apartment complex from the same owner previously and smoked there. That is why they ask for the double deposit so I don't understand how they could say they were not aware that she would smoke in this apartment.

[Fr_Chuck]

The landlord may try to evict. Her proof of the double deposit should be enough to win the case. Also I am interested, what does the lease say about smoking, she may smoke also if there is nothing in the lease that states it is non smoking. I would assume if the lease stated non smoking, that clause would have been marked out and signed by both parties.

If she signed a lease that said no smoking, that can help their case.

[AK lawyer]

... what does the lease say about smoking, she may smoke also if there is nothing in the lease that states it is non smoking. I would assume if the lease stated non smoking, that clause would have been marked out and signed by both parties..

Exactly. Unless the lease prohiblits smoking, they cannot evict her.

If she signed a lease that said no smoking, that can help their case.

Yes. Unless, as you say, that clause was deleted, stricken out, or somehow modified, perhaps by a deposit receipt explicitly noting the purpose of the double deposit.