Can my new apartment prevent me from smoking cigarettes inside?

Judith

Just a guess but I'd say that if it isn't in the lease there is no reason why you can't smoke in your apartment. And since the issue wasn't addressed in the lease except to say that you can't smoke in bed, I'm curious - why on earth did you even ask the question?

LILL

Smoking causes damages to the apartment and it may bother other residence. Your county may also have laws that prohibit smoking in apartment buildings. Either way, do you really want to start your tenancy on a bad note with management?

Pascal the Gambler

if it isn't in the lease, then you ought to be able to do it. That said, you'll pay out the nose at the end to remediate the smell and staining of walls, etc.

Who

2 things apply - the lease + local laws - when you got lease what she says is irrelevant If local laws say you cant smoke inside the kind of apartment you got then you cant If they dont then you can (and you aint responsible for any redecoration needed after you leave as a result of smoking - to make damned sure you take photos when you move in and when you move out so the landlord cant replace them and claim things were damaged) (as "beverley s" says" the fact that the lease says to avoid smoking in bed implies you can smoke ANYWHERE inside the apartment even in bed (but you should try to avoid this) What surprises me is - if they really DONT want people to smoke inside the apartment why dont they just make it a condition in the lease? It aint exactly rocket science to add a clause in the lease to prevent it) ("You have an oral agreement," - if you have a written lease then an "oral agreement" is worthless "anonymous"

Beverly S

Nope. You can smoke. The fact that it mentions not smoking "in bed" would actually help your case.

Slumlord

It pains me to say it but if its not in the lease and there are no local laws about it then they can't force you not to do it. If you get caught then expect to get kicked out the second your lease comes up and wouldn't be a bad idea to smoke outside anyhow, when you can but I think you got them on this one.

SSP Bowl Dude

Smoking in multifamily residences may be prohibited by local, state or federal ordinance, especially if subsidised. This would not be shown in a lease. The complex may be denoted as smoke or tobacco free on signage throughout the complex and isn't stated in the lease.

Slabberdasken

Read your lease again If you smoke inside, and there are ways to detect that, you are in violation of your lease contract. You could be evicted.

PAMELA

Get legal advice, it should be in the lease though.

curtisports2

If it's not in the lease, her words carry no legal weight but you can expect to have a difficult time while living there.

I want to know

It depends on if the building is labeled as a "Smoke free" building and depends on landlord/tenant laws in your State. However, morally, as a person who is smoking cancer sticks that emit dangerous toxins to innocent non-smoking human beings, you should not be smoking in your apartment. That is completely inconsiderate and also a very horrible thing to do to other people living in the building where the nasty smell of cigarette smoke and the toxic cancer-causing air will flow into the other units. Also, not only is a smoker being so selfish, as usual, killing other people with the cancer stick toxins that are emitted, but you are ruining the owner's property by smoking inside because that nasty smell is never going to come out and they will have a hard time renting it out to the next person. If you insist on killing yourself with the cancer sticks, at least don't kill others and ruin other people's property, smoke outside!

thegreatone

Your apartment can prevent you from smoking cigarettes inside common areas of the building. They can only prevent you from smoking in your apartment if it was in the lease for you to not smoke, and you said it is not in the lease. So, if you're in your apartment, no, they cannot prevent you from smoking. And, if they try, and you keep smoking in your apartment, and they finally take legal action against you for continuing to smoke inside your own apartment, you could take a copy of the lease to court to show that it is not in the lease, and the court should rule in your favor. It's not promised that they will rule in your favor, but they should rule in your favor, because it's not in the lease.

Landlord365

Her verbally telling you is not legally binding. If it is not stated in the lease then they cannot evict or fine you for doing it. They can refuse to renew the lease though. They can also charge you for any extra cleaning you smoking in there causes. If you want to keep the apartment then just don't do it. Also check state & local laws to be sure it is not prohibited by general law.

Anonymous

If it is not in the lease, then the landlord cannot LEGALLY evict you for it. But if they tell you not to do something and you do it anyway, plan on being out of there the day your lease expires. Lack of a restriction in a lease means just that. It doesnt mean they cant make the new rule. It just means they cant evict you for it. They CAN say: "This is a rule from this point forward, anyone who violates it will be ineligable for lease renewal." So go right ahead and tell them "screw you, its not in the lease, nyahh nyahh nyahh" as long as you plan on not only having a UHaul there on the expiration date, but also plan on buying a house at that point, because good luck renting anywhere else with a bad reference from your previous landlord. By the way, not all landlords act lawfully. If their response to this is to change the locks and throw your stuff outside, ypu can sue, but that will cost them much less than having to repaint, recarpet etc. So guess which expense they will choose.

Midnight O.

Because smoking inside the apartment could be considered unsafe with regards to your neighbors' health and could potentially be considered a fire hazard and therefore could be construed as unsafe, and since smoke in the apartment could cause damage to the apartment, smoking might therefore be considered to be a violation of Virginia Residential Landlord and Tenant Act § 55-248.16. Tenant to maintain dwelling unit. A. In addition to the provisions of the rental agreement, the tenant shall: 1. Comply with all obligations primarily imposed upon tenants by applicable provisions of building and housing codes materially affecting health and safety; 2. Keep that part of the dwelling unit and the part of the premises that he occupies and uses as clean and safe as the condition of the premises permit;

RICK

Yes you would lose

sunshine_mel

Yes, absolutely. This may be part of the building rules, rather than covered specifically in your lease.

Pearl L

yes, they can tell you not to snnoke inside, i live in an apt building and people here arent allowed to snnoke inside either

Anonymous

You have an oral agreement, which means you agreed not to smoke. Also, if your neighbors complain then they can legally evict you. You're also facing serious financial penalties for damages. They'll have to paint the entire apartment, rip out any carpeting and padding, and replace all draperies at the very least. But as long as you have several thousand dollars set aside to pay damages, that should cover it.