Evicting a tenant for smoking


“Second-hand smoke can be a real problem, especially for families who live in apartments or other multi-family residencies. Warning Letter to Tenant for Smoking If you’ve been a landlord for a while, then you know that the trouble-free tenant is a myth. The landlord or the tenant must give at least 14 days’ written notice to end the tenancy. A: If the lease is with A or B and the smoking prohibition is not in the lease, you may have a problem evicting based upon a breach of contract or violation of the lease.  But allowing it can leave you open to litigation; the potential for harm is just too great.  Ontario Landlord and Tenant board supports that and we were able to evict a tenant smoker based on those facts.  When you go smoke-free, you can: Attract more tenants.  Lawsuits for eviction.  The “no smoking” clause is void because the RTA does not cover smoking. wa.  and he is smoking weed, and …Status: ResolvedAnswers: 11Just Causes for Eviction – San Francisco Tenants Unionhttps://www.  Many rental agreements include language that causes illegal drug use to be something that can lead to an eviction, but in these two specific states marijuana has been removed from the equation.  Don’t panic! Some mischievous tenant skips out rent and moves out. Evicting tenants for not adhering to smoking ban Q: I am a landlord, and the contract given to my current tenants stated that neither the tenant nor any visitors were permitted to smoke at the property.  The only thing a tenant can do is pay all of the rent that is owed, and the rent …Landlords dealing with the smoke issue might also consider some other smart practices like placing no-smoking signs in the common areas and outside of the building, performing enforcement inspections, or even providing smoking areas for tenants who do smoke.  Each state has a different standard when it comes to tenant eviction, and there are often many strict procedures that must be followed before a landlord can lawfully evict a tenant.  The notice of eviction must state when the tenant …2. A tenant can only be evicted at the order of the tribunal, and only a bailiff enforcing a tribunal order can evict a tenant.  Today, thousands of rental properties across Washington state have gone smoke-free.  However, this is not good practice.  Defense to eviction.  In some situations, if the tenant’s employment has ended the landlord can give less than 14 days' notice. The court overruled Boston Housing Court Justice Jeffrey Winik’s prior decision preventing the eviction of the tenant.  The landlords hired a new property management company about a year ago. The daughter does it as well. This guide is going to show you step-by-step how to evict a tenant in Texas.  There are two types of three-day notices: 1) …7/12/2017 · However, a landlord may have grounds to apply evict tenant for smoking if the smoke damages property or bothers other tenants 18 oct 2013 learn landlords can ban and steps take are your is in Author: Caren Raatz TipzViews: 322Can Your Landlord Evict You for Smoking? | Legal News blogs. I'm subletting an apartment. Status: OpenAnswers: 6Smoke-free Housing Information for Tenants :: Washington https://www.  If not, you would have to rely upon the fact that smoking marijuana (i. It also reminds them that the smoking policy applies to all guests and visitors, as well as the tenants themselves. e.  Sure, non-payment of rent and damage result in eviction, but other mistakes can be fixed.  The landlord found that the tenant smoked and caused $10,000 worth of damages to the furniture, drapes, bedding and carpets. ” Places of employment include any indoor area under the control of the employer in which employees perform services.  She smokes, and has been provided with an …The landlord’s grounds to evict the tenant for breach of the lease (Ground 12: The tenant has broken one or more of the terms of the tenancy agreement, except the obligation to pay rent. Evicting a tenant without a court order is against the law. Eviction isn’t always an easy decision.  Formal Eviction (Legal)Evicting Tenants.  Tenants without Leases. 12/3/2012 · However, the pot smoking can be grounds for a quick lease termination if it can be proven. Presently, HUD also prohibits cigarette smoking in public housing units across the nation as of July 2018. Those landlords were evicting pot-smoking tenants and pointing straight at HUD.  If smoking is not allowed, then the eviction process must follow the lease violation rules that are in place under local landlord/tenant law and not the non That's a tough one, especially with an oral rental agreement.  After that, include a line that briefly states the reason for the letter, like “Notice to pay or quit.  decriminalization of marijuana law.  You need one in your contacts list anyways, so if you don't have one its a good time to find one.  Some …eviction law firm We strive to provide the most effective and efficient residential and commercial tenant eviction legal services available. If the lease agreement clearly outlines the smoking restrictions and your tenant is in violation, you can start the process of eviction.  You also have a right to evict if the tenant is violating any terms of the lease agreement.  Consider the cost of keeping a tenant vs. Q: My AST clearly states no smoking in the house.  But how expensive is it really? There are two common ways of evicting a tenant. Smoking violations will be distinguished from criminal offenses to discourage overly aggressive enforcement and decrease the potential of eviction, the ruling adds.  It proceeds the same way any lease violation does—with an official notice to comply or quit, then filing the notice with the local court system.  Despite the fact that the adult cigarette smoking rate has hit an all-time low, Massachusetts landlords, apartment dwellers, condominium unit owners, and property managers occasionally have to deal with issues related to smoking neighbors.  Failure to follow leads to several warnings and the repetition of warnings leads to eviction.  Tenant eviction notices without cause. 2/12/2007 · I recently inherited a house that has a tenant in a studio apt over the garage (attached to the house.  In short, the problem you are facing is indeed real and it may very well be that you lose out on rent by evicting the tenants.  As things are now, there is a conflict between the right to your tenants’ quiet enjoyment and your interests in maintaining the value of your property, and the matter has not yet been settled by the courts.  Blog. Even if a tenant signs a no-smoking lease, and they later smoke, you cannot evict them just because they broke their promise. Sam Himmelstein, Esq.  These days, pot is very stinky! If the smoke is truly bothering the landlord and her family, other than just vague apprehension about getting busted, the landlord can make a persuasive argument that your smoking substantially interferes with the her quiet enjoyment.  More broadly a clause in a lease prohibiting a tenant from disturbing, harassing, annoying neighbors or creating a nuisance may be sufficient to evict a marijuana using tenant.  For example, the tenant’s failure to pay rent, or violation(s) of the lease.  Smoking and Discrimination.  The notice informs the tenant that there has been a violation and requires the tenant to refrain from smoking or face penalties, such as eviction.  In general, a tenant will have a certain period of time in which to …QUESTION: I'm subletting an apartment.  Neighboring tenants had complained to the landlord about the smoke seeping into their units. The term 'smoking' includes, but is not limited to, tobacco smoking, smoking using electronic cigarettes, marijuana smoking and crack cocaine smoking. Evicting a Tenant for Marijuana Use.  A tenancy agreement is the most important safeguard against long-term difficulties with renters and the law. In what may have been the first verdict of its kind, a jury ruled for a landlord seeking to evict tenants for smoking, even though smoking was permitted in the building. Any specific use prohibitions, such as keeping pets or smoking. avvo.  X.  However, since he's only a month-to-month tenant, he can be evicted without cause by giving proper notice (which I …Presently, making matters worse for public housing tenants that may face eviction and homelessness for use of medical marijuana, HUD also prohibits cigarette smoking in public housing units across the nation as of July 2018. 12/10/2018 · Image titled Evict a Tenant in New York Step 11 of Evicting A Family Member – How to Evict a Tenant in New York with wikiHow. How to Evict a Tenant A Landlord's Guide to the Eviction Process.  It just said no smoking so the RTB wouldn't allow him to evict.  Forgetful and irresponsible8/6/2016 · You/your father can evict him for cause if he's violating the lease.  The test for an illegal act to evict is not the "criminality" of the behaviour but the effect of the residential environment: Someone running a serious fraud scheme from their apartment has no effect of the unit and will not generally lead to an eviction. Status: ResolvedAnswers: 10Smoking tenant given seven day notice to cure or vacate https://www.  There are two issues. ) The rest of the house is empty. The tenant can reverse the order for eviction in the first three causes by "remedying" the situation, that is, paying the rent, repairing the damage, and so forth.  We are entering into an interesting time in the world. Tenants and Drugs Guidance for Landlords January 2006 preparing opium for smoking (d) smoking cannabis, cannabis resin or prepared opium.  Eventually HUD caught wind of that and, in 2011, clarified that, no, we don’t read the law to require that at all.  This notice can only be given if the tenant's employment has ended or either party has given notice for it to end. lawyers.  Amend your tenancy agreements for all NEW tenancies to include the new policy.  Our sister-in-law , boyfriend live in the basement. Several readers have asked whether you can evict a tenant who is smoking marijuana for medicinal purposes, or if you can refuse to rent to someone who tells you that they have a license to grow Cannabis smoking in property – what is the legal situation? Make Text Bigger I’ve a property with 10 self contained units – one is smoking cannabis early morning (night workers) which is permeating the house – it’s the first thing you smell as you enter – they’ve been spoken to, obviously deny it, and it didn’t happen this morning. You must have cause to evict a tenant in New Jersey.  Some landlords might think evicting over pot smoking is overkill. The disclosure is important because the tenant must be able to contact the landlord or agent when repairs are needed or other problems arise.  If this occurs in a state where marijuana is banned, issuing an eviction notice to the tenant would be appropriate line of action. A landlord cannot evict a tenant for smoking in violation of a “no smoking” clause in the lease. 9/11/2011 · My boyfriend and i are leasing a house out. Simply put, eviction it’s the act of removing a tenant by force and it’s generally quite expensive for the landlord.  For details, please review your lease and the Residential Tenancies Act.  Im just wondering if we can ask them to leave if we have asked them to stop smoking on the property or in the house.  It's not always easy.  If there is a tenants, people living in neighbouring properties or building staff.  Absent a specific restriction, a Tenant consent to eviction for non-payment of rent, or for any other reason, without a 3-day Notice as required by Colorado statute.  Under this program, a tenant who has been approved for a “voucher” finds a private landlord who is willing to accept the terms of the Voucher Program and accept part of the tenant’s rent payment each month from the housing authority.  Smoking. To evict a tenant on these grounds a landlord would have to seek possession using one of the fault based grounds for possession such as Ground 12 : The tenant has broken one or more of the terms of the tenancy agreement, except the obligation to pay rent.  In case you end up with a Tenant that does smoke, there are also options open to you.  The Tenant counterclaimed, alleging that the Landlord had breached the warranty of habitability by allowing the second hand smoke to penetrate her apartment, causing a constructive eviction.  The 2 million people living in public housing have a new rule to follow: no smoking cigarettes, pipes, cigars or directly to private landlords to help eligible, low-income tenants meet their rental costs.  Our landlord gave us permission to rent out the rooms to others if needed.  Though the tenant is still paying rent, their delay in paying is still good enough reason for the landlord to acquire an eviction notice form or even a late rent notice.  If no term and medical MJ, give tenant notice with reasons - …Evicting a tenant for smoking is hardest thing to do.  What Tenants Need to Know About the Law - Topics covered include rent increases, deposits and other charges, repairs and maintenance, privacy, moving out, and eviction. nolo.  A well-constructed, written tenancy agreement such as an Assured Shorthold Tenancy (AST) is an absolutely essential document which outlines mutual responsibilities. ) Updated 2/17. There is concern that the Landlord Tenant Board may not evict the tenant- at least not at the first instance / without giving them a warning first- so the wisest move may be to tell the tenant that you'll be forced to call the police if they continue smoking. You can also advertise for Tenants that do not smoke.  It was …31/12/2012 · The tenant who lives above me has a boyfriend who is not on the rental agreement, but he is almost always there anyways.  Nearly every night there is a strong odor of cigarette smoke in the enclosed backporch outside our backdoor (we live upstairs, tenants rent downstairs back apartment). ca/what_owners_need_to_know.  He is a partner at Himmelstein, McConnell, Gribben, Donoghue & Joseph in Manhattan. , these should be in a writing signed by the tenant. New Illinois pot law could get landlords in the soup! On January 1, 2014, the “Illinois Compassionate Use of Medical Cannabis Pilot Program Act” took effect making Illinois the twentieth state in the union to permit some form of lawful medical marijuana.  When faced with an eviction for one of these reasons, a tenant may be able to use at least one legal defense to challenge the eviction.  Landlord says Tenant is smoking inside the rented premises. 28/3/2011 · Its possible, that another tenant is (has started) smoking weed, and you are trying to fix the problem of someone else.  leominster family dentist.  The case is Figgs v.  There is a high demand for smoke-free apartment buildings. 14/2/2015 · Get complaints from other tenants and serve N6 for illegal act.  In some states a landlord can evict a tenant with 30 to 60 days notice for reasons unrelated to the tenant's behavior. Whether the logic of that case would apply to an eviction based on an N5 for dope smoking is left to be seen. It also depends upon whether there is a no-smoking clause in the lease. upon a change of tenants • Installing smoke detectors and instructing tenants evict a tenant if the property is not registered with the Information for Tenants Page 3 of 15 Failure to carry out stated cause: If an owner termi-nates a tenant because of (1) the sale of a single family residence is planned, (2) the owner or a family Tenant and Landlord Responsibilities What are Tenant responsibilities? Tenants must: to an eviction notice.  You saying that you were told that A only smokes outside doesn’t really help as A apparently never made a verbal promise to you.  You can evict the Tenant on the grounds of breaking one of the Tenancy Agreement’s terms. Renting In Vermont Handbook for Tenants and Landlords VTI/CVOEO People who rent a mobile home in a park from the park owner are covered by both landlord/tenant law …15/4/2014 · If marijuana possession and/or use is illegal in the province of Quebec or it is prohibited through the tenant's lease agreement with the property owner, then he or she has every right to evict the tenant. A tenant cannot object to a 14 day eviction notice given because of unpaid rent. Landlord and Tenant Board - Provides information about the RTA and to resolve disputes between most residential landlords and tenants.  You can ask your landlord or property manager for a no-smoking rule in your building.  If you do not have a lease and are a tenant at will, a landlord does not have to state any reason for wanting to evict you.  Evict the Tenant.  Home.  her daughter live with us as well as one other tenant.  The lease states no smoking anywhere in the house, smoking is allowed outside behind the house only.  But if caught smoking, the tenant could be evicted. When a tenant is signing a contract, s/he accepts different terms and conditions that s/he must follow during the tenancy. Learn when evicting a tenant might be your best option and how to evict a tenant legally. 1/6/2011 · The landlord cannot evict you for breach of the lease.  Landlords who allow smoking and tenants who smoke have been sued on the basis of Some property managers begin the eviction process after excessive damage happens to the property at the fault of the renter.  Follow this guide to ensure you understand the reasons why you may use a section 8 or a section 21 notice.  You have to describe the smoking as falling within one of the reasons that justify eviction …It can also be EXTREMELY difficult to prove a tenant is smoking. .  Until individual cities or the state changes the law, no fault evictions, where a landlord is evicting a tenant who has done nothing wrong, are lawful in …Can I evict a tenant without a tenancy agreement? There is no real difference in the procedure for evicting a tenant with or without a written tenancy agreement.  However, a landlord may have grounds to apply to evict a tenant for smoking if the smoke damages the property or bothers other tenants. com › Evictions › Back to ActivitiesEviction can be more difficult than you might assume.  Boston Housing Authority (SJC 11532). youtube.  be upfront about it.  The Tenant’s Reasons.  Secondhand smoke is a recognized health hazard.  Before filing an eviction lawsuit, a landlord needs to serve the tenant with a notice of eviction.  Evicting tenants is something you probably don’t want to do, but sometimes, for a variety of reasons, you have no choice but to do so.  When to Evict a Tenant.  Only the Landlord and Tenant Board does that.  (Photo by Joe Raedle via Getty Images) The federal ban on cannabis means that, when it comes to public housing, marijuana is banned outright. Landlord by Design – Complete Guide to Residential Tenancy Do tenants have a right to smoke Marijuana in or around your rental property. gov//HealthyHome/SmokefreeHousing/TenantsSmoke-free Housing Information for Tenants.  its also illegal here to "immediately evict an individual" We all have rights, from tenants to landlords 21/12/2011 · Rental agmts these days usually stipulate smoking rules. Location: 605 Market Street, Suite 400, San Francisco, 94105, CaliforniaPhone: (415) 552-9060Can a Landlord Evict a Tenant for Smoking Po - Guides - Avvowww. A landlord may not evict a tenant for breach of a lease provision other than failure to pay rent unless the provision breached is in a writing signed by the tenant.  Police involvement in the eviction process.  It is at that hearing that your step-daughter could argue that she is a tenant.  There is a loss of money and waste of time in finding a runaway tenant to get the money back.  Evicting a tenant can take time and be a costly procedure, unless your tenant is willing to leave the property. While I agree with Cliff Gilley that smoking could be grounds for eviction, it would be extremely unlikely that a court would evict a residential tenant for a single …1/6/2011 · The landlord cannot evict you for breach of the lease. Decision: Tenant smoked in the doorway of a non-smoking unit, but now says he has quit smoking. Status: ResolvedAnswers: 4How to Evict Tenants from a Rental Property | Rocket Lawyerwww.  The landlord or owner can evict someone from their property after receiving a court order.  of pot under the Mass.  This is sometimes called “interfering with other people’s reasonable enjoyment”. The Landlord brought a lawsuit against the Tenant for the unpaid rent, claiming that she had breached her lease. smokefreehousing. If you've never done an eviction, speak with a landlord/tenant attorney.  Your lease should dictate the expectations of your landlord - things like paying the entire amount of rent on time every month, smoking policies, etc.  Common/civil law generally grants owners the right - and in some cases the obligation - to protect their property and other tenants. Landlord And Tenant ; Can I Smoke in My Own Apartment? Real Estate.  The landlord must have a legal reason to do so.  In another case, a tenant rented a furnished apartment and agreed not to smoke.  There is some process in UT for posting the notices and then completing the eviction. 4/7/2018 · To write a warning letter to a tenant, type your name and address, your tenant’s name and address, and the date at the top of the page.  This is the landlords’ duty to take the time and sit down with their prospective tenants to go over the lease agreement. sftu.  Subscribe now for complete, progressive coverage of local, national resolve disputes between landlords and tenants through mediation or adjudication; resolve eviction applications from co-ops; provide information to landlords and tenants about their rights and responsibilities under the RTA; Ontario landlords are increasingly willing to take their second-hand smoke issues to the Board.  If a landlord wants to evict a tenant via going to Tribunal then they must inform the council, in writing, that they're planning on taking this course of action, this is called a section 11 notice. xxi Smoking rates have dropped over the past decade, particularly in Massachusetts.  Decision: Tenant is a smoker and rents a non-smoking premises.  Can I Smoke in My Own Apartment? Landlords can evict smokers who violate a nonsmoking lease agreement, just like they can for any other lease-breaking activity.  However, if the smoker is a tenant at will, your landlord can evict him without cause (does not need to prove the tenant is smoking).  However, missing the rent payment deadline is just cause for evicting a tenant.  One term is a prohibition of smoking. rocketlawyer.  This rule has to be followed at any rate. ” Medical marijuana-approved tenants could still be permitted to using edibles or oil-based capsules.  Quick fixes to reduce smoke transfer.  For example, a landlord may need to evict tenants …Views: 62KThe Landlord's Guide to U.  If you win the case, the judge will give you instructions for evicting the tenant. com › Latest NewsLandlords can evict smokers who violate a non-smoking lease agreement, just like they can for any other lease-breaking activity. If a building is dedicated as Non- smoking (advertised as such, Non- smoking clause included in all Lease agreements, No-Smoking sign posted in the building), you can evict a tenant who does not comply. Tenant eviction notices for cause.  Landlord's issue eviction notices all the time, hoping that tenant's just move out and not stand up for their rights. *Eviction and property management law services for the Florida residential property manager and landlord filing evictions in all florida counties and representing thousands of …Unfortunately, in that scenario, you really can't evict the tenant for smoking.  The trial court conducted a bench trial. R. doh. An eviction notice for smoking when there are no rules listed in a lease against it will likely be considered an invalid eviction attempt and provide a tenant with an active defense.  TAS To evict a tenant, it is necessary to issue them with a notice to vacate either 14 or 28 days before an eviction date. To evict someone with a hearing you need solid evidence that someone was breaking the terms of the lease or that they were endangering the well being of the other tenants or interfering with their ability to live in their apartment.  My smokers above had been really good tenants until drugs entered the picture, so some things are out of your control. If there is a no pets and no smoking clause written in the lease and the landlord finds out that the tenant has a pet and/or is smoking in the unit, can the landlord legally evict the tenant? A landlord is not able to legally evict a tenant because they have a pet in violation of a …8/11/2014 · Eby specializes in tenant-landlord disputes.  The tenant whom I rent from didn't mention any rules about smoking, nor were there any in the tenant's lease nor in my month-to-month sublease. org/justcausesGood Samaritan Occupancy Status for the tenant expires, and the landlord serves an eviction notice within 60 days after expiration of the status.  For this and other reasons (smoking, loud friends and Eviction for Landlords An eviction is the process of getting a court order to remove a tenant and other occupants from a rental property. By Robert Nislick.  The problem with this option is that you are going to have to attain a possession order from the court. Can a landlord evict me, refuse to rent to me, or treat me differently because of my sex, race, color, religion, marital status, sexual orientation, national origin, physical handicap, mental handicap, because I have a guide dog, or because of my source of income?10/12/2007 · I have been told that the newest tenant is smoking cannabis in the house and the other tenants are not impressed (the house is striuctly non-smoking as stated on their signed AST's) They have only been there 1 month but is this grounds to evict them and gain possession early either as: - Causing an annoyance to other tenants26/9/2018 · Evictions for smoking violations are rare but could start at the end of the year.  You must have a legitimate reason for evicting a tenant, such as failure to pay rent or violation of the terms of the lease.  Both of these situations may apply if another tenant’s smoking causes you a problem.  If they stop tenants from smoking around medical oxygen, they’ll face claims of breach of contract, handicap discrimination, and violation of civil rights. Under the Residential Tenancies Act, 2006 a landlord may apply to evict a tenant for interfering with reasonable enjoyment or for seriously impairing safety.  If you don’t have a prohibition in your lease, then you won’t have any ground for eviction or further legal action.  If tenant B is causing issues for the property and the other tenant it may be fine to include something about not wanting to evict tenant A and if there is an option to retain the one tenant you would consider it. htmlA smoke-free policy is no different than a policy that prohibits loud music or that protects the well-being of other tenants.  Note that the day the eviction notice is served and the date the tenant is required to be out Your landlord can try to evict you if they say you have been disturbing other tenants or the landlord.  Already, in these early days of the broader ban, Thrope’s office has fielded calls from tenants around the country who’ve been threatened with eviction for smoking.  Going smoke-free protects your health and your home.  Why would a LL risk losing a solid income from a stable paying tenant because that tenant smoke pot once a month or so and ended the habit last year? but if my T had been accused of smoking anything I'd have to remind the T that it's a non-smoking property. A property manager/landlord can evict a tenant for a variety of reasons, but it all boils down to not following the lease.  One method is legal, the other is not. A 14 day eviction notice for standard breaches of the lease and a 24 hour eviction notice which occurs when the threat of violence towards other tenants or the landlord is involved and/or significant damage tot he property has been done by the tenant. ) are enforced at the discretion of the court, and a court is very unlikely to grant possession because the tenant is smoking in the property, especially if Certainly, in order for you to persuade a judge to evict a tenant for this type of breach of contract, you would have to gather proof that they have been smoking on the premises, which can be tricky, if …5/2/2007 · Our tenants are violating the terms of the lease by smoking in their apartment.  There is no right to smoke enshrined in Canadian law.  you must always remember YOU HAVE TO BE ABLE TO PROVE IT IN COURT to my knowledge the only real discernible way to prove a tenant is smoking is with a cigarette smoke detector.  Therefore, if there are any restrictions, such as a no pet clause, no subletting, late charges, etc.  Today, I received a letter from the management company stating that they had received an “official complaint” that smoke originating in my unit has continually permeated into surrounding units. There was that one case where a landlord had tenants growing pot but not smoking it (edibles) and the landlord couldn't evict because the tenant had a medical license to grow and there was no clause in the agreement about growing marijuana. Going Smoke-Free: A Guide for Landlords 6 Reasons for Going Smoke-Free aking your properties smoke-free saves you money and can make your life easier.  Illegal use. Evicting Toking Tenants Can a Landlord Evict a Tenant for Smoking Pot? Maybe, but it's not so easy Conflicting marijuana laws at the federal, state, and local levels have created uncharted legal territory across numerous areas of law including landlord-tenant law.  He says because Williams signed a crime free/drug free lease addendum, he agreed not to use, sell or store marijuana in his apartment. Without a court order, it is a criminal offence to evict a tenant, and landlords who do so are at risk of imprisonment. Eviction Notice A lberta.  I went round to do routine maintenance last week (with the tenant's prior knowledge), only to find him sitting smoking in the kitchen. The lack of punctuality makes it difficult for the landlord to balance budgets and positions the tenant as untrustworthy.  So a landlord can know that a tenant is using heroin, for exampl e, and the landlord is not themselves committing an offence. I ‘ve been a tenant in a 36-unit apartment building in SF since October 1992.  Whether it is the tenant himself or the tenant's brother isn't an issue. S. The tenant had tried to make a claim for smoke damage due to their smoking in the apartment! You will learn how to pick tenants and this is how you learn.  Here are some suggestions for reducing smoke transfer between units.  (The Good Samaritan Occupancy Status is when a tenant loses their home due to a disaster and the landlord rents another temporary unit to the tenant for low rent.  Everyone benefits from smoke-free housing. comwww. TORONTO -- New tenant protections come into effect today that place more requirements on landlords evicting them.  possession of a certain amount) is against the law. Presently, making matters worse for public housing tenants that may face eviction and homelessness for use of medical marijuana, HUD also prohibits cigarette smoking in public housing units across the nation as of July 2018.  Medical marijuana users face eviction or loss of housing assistance . This may depend on more of why you are evicting the tenant. com/landlords-guide-u-s-marijuana-lawsHowever, it may be more difficult to evict tenants for marijuana use unless there are multiple complaints.  The tenant whom I rent from didn't mention any rules about smoking, nor were there any in the tenant's lease, nor in my month-to-month sublease.  My landlord wants to evict me for smoking -- and for allowing my guests to smoke, too.  If your main concern is the smell or damage that is caused by it, then require that your tenants smoke outside.  Marijuana Laws via @prolandlordrenterswarehouse.  BUT when tenant is living in your home, Ll usually holds more sway.  As with most landlord tenant issues, this one can cause a bit of excitement in 6/9/2014 · Would you evict your tennant for smoking cannabis? Collapse.  There are certain reasons to evict a tenant, which include failure to pay and damage, and you can click that link to learn more about them.  The one exception to the rule of marijuana smoking and a tenant's rights For example, these notices can be sent to tenants who have pets in rental units that do not allow animals, or to tenants that smoke when there is a clear no-smoking clause in the rental contract. Some housing authorities had smoking bans in place before this month.  If the lease specifies no smoking and your tenant is smoking inside the building, you can usually try to evict the renters.  What is Eviction? This notice is primarily reserved for violations, such as smoking in a non-smoking rental unit, rather than for non-payment of rent, in which case a Notice to Pay or Quit is typically used.  For more information, see also section on Quiet Enjoyment, Tips for addressing complaints of second-hand smoke.  Landlords often want to know how they can prohibit a new tenant from smoking in the apartment they are renting.  It also depends whether you all signed a tenant rules and regulations together which it sounds like you did not.  This may be a great victory for people who are sick and people who want to try to play the system to get recreational drugs, but it Under the Residential Tenancies Act, 2006 a landlord may apply to evict a tenant for interfering with reasonable enjoyment or for seriously impairing safety.  6.  I would love to say otherwise, but once you’ve put your property on the market you will be dealing with all sorts of people from the Brady Bunch to the Hoarders from Hell. This is especially important if a landlord is seeking to evict a tenant for cause.  (See C.  If medical MJ and no such term in agmt, tenant could give u trouble.  And landlords don't issue eviction notices. " Step 2: Implement your Policy.  Family Medical History Template Unique Personal Medical Records Template Printable Medical Release form of Evicting A Family Member – Family Medical History Template Best Sample Eviction NC Eviction Laws. No written lease--Am I in trouble? they want possession back and the unauthorized occupant refuses to move---must make an application to the Landlord and Tenant Board to evict the unauthorized occupant. Explanation of Marijuana Smokers Rights for Tenants. Assuming the lease prohibits smoking, you can evict them for violating the terms of the lease.  For example, you could evict someone for smoking in a non-smoking unit or keeping a dog in a pet-free unit.  There might be an instance when a landlord needs to evict a tenant who violated an anti-drug or anti-marijuana clause in a lease agreement. The judge will then decide to either continue the eviction or allow the tenant to stay at the property.  Smoking, and the tenant's tobacco smoke drifts into another rental unit, but only if the landlord prohibits smoking in all units. If there is a no pets and no smoking clause written in the lease and the landlord finds out that the tenant has a pet and/or is smoking in the unit, can the landlord legally evict the tenant? The Residential Tenancies Act (RTA) lists the various reasons that a landlord can terminate a tenancy.  Smokers and Eviction. " April 18, 2017 I Tenants complained and since the smoker would not agree to stop smoking, he was evicted. 12/11/2015 · And indeed, HUD Secretary Julian Castro, quoted in the Times, is reluctant to endorse evictions for tenants who smoke. Still, while the process for eviction varies from state to state, it’s not impossible to evict a tenant …Some landlords give tenants the Section 33 notice at the beginning of the tenancy.  A landlord can legally evict a tenant only by sending a written notice to the tenant.  After the hearing, the tenant will have a set amount of time to leave the property. But for many building managers, it’s not as easy as just evicting tenants who are caught smoking.  §§13-40-01 thru 123). ”Views: 138KSmoke-Free Housing Canadawww.  You’ll get a good understanding of the law, the eviction process to evict a tenant in Texas, all the reasons for evicting a tenant, as well as a bonus section on eviction mistakes to avoid.  If the landlord had stated in the ad that no smoking is allowed due to allergies, then it would be a good chance.  Decision: Tenants say the Landlord is negligent in providing a smoke …It also covers what tenants should do if they have an eviction hearing coming up, what happens at the hearing, what happens if the tenant does not show up and what tenants can do if the to the Landlord and Tenant Board (LTB) or Board makes an eviction order against them including how it might be enforced.  we don't like the Status: ResolvedAnswers: 4Tenant Defenses to Evictions in Oregon | Nolo.  Find a Smoke-free ApartmentIf and when a tenant violates the lease by choosing to smoke marijuana, you have the grounds to evict.  If you have some evidence of criminal activity, you can also attempt an expedited eviction based on criminal activity.  Tenants facing lease This still leaves it open to the landlord to ask the Landlord and Tenant Board to terminate the tenancy of and evict the smoking tenant because the smoke is causing undue damage or interfering with the reasonable enjoyment or lawful rights of the non-smoking tenant.  represents NYC tenants and tenant associations in disputes over evictions, rent increases, rental conversions, rent stabilization law, lease buyouts, and many other issues.  Landlord And Tenant .  If a tenant damages the property, ignores rules regarding smoking, subletting or pets, or creates a safety Tenants Smoking Marijuana in Rentals. New York Tenants’ Guide to Smoke-Free Housing 4 Legal Rights of New York State Tenants Smoke-Free Laws The New York State Clean Indoor Air Act prohibits smoking in any indoor areas within “places of employment. com › Legal Advice › Landlord or tenant › AdviceIf a landlord wishes to evict a tenant with a fixed-term lease, the landlord's only options are to provide a three-day notice.  The Housing Act 1996 has made it easier for tenants causing noise and nuisance to be evicted from a property.  Good luck. Landlords face a bad choice. Leases are often vague when it comes to cannabis, so we talked to a lawyer to find out if you can get evicted for cannabis use and what your rights are as a tenant.  the cost of looking for a new one. com/watch?v=SgsckbNFozM9/8/2016 · If the tenant fixes the lease violation within the seven days and then does the same or similar violation within a twelve-month period, the landlord can evict the tenant without giving the tenant 13/6/2018 · You wish to evict the tenant for your own reasons, and your state's laws entitle you to do so. Additionally a non-smoking provision will prohibit the smoking of marijuana on the leased premises and marijuana smoke and odor from emanating from a unit.  Section 11 notices.  The first is, as you noted, that you were there and agreed to the smoking at the time.  One of our practice areas is landlord-tenant evictions.  Besides, if you can smell marijuana, your other tenants probably can, too.  Buying, selling, manufacturing, storing, or dispensing illegal drugs or ingredients for illegal drugs.  When a landlord evicts a tenant to use the unit themselves or for a family member Susan Shapiro is the author of "Lighting Up: How I Stopped Smoking, Drinking, and Everything Else I Loved in Life Except Sex" and co-author of "Unhooked: How to Quit Anything. Unpaid rent collection is an utterly frustrating task for the landlord especially when it is hard to locate a tenant who has run-away.  Judge Winik was unconvinced that a public tenant could be evicted for possession of under 1 oz.  The prohibition would be included in tenant …3/3/2010 · You can evict for smoking in violation of a no-smoking policy that was in place before the person moved in. com › … › Tenant Defenses to Evictions in Your StateIn Oregon, a landlord can evict a tenant for not paying rent or for violating the lease or rental agreement.  I wouldn't evict The smoking tenant is not guilty of breaking the lease agreement by smoking if the wording is not in the lease agreement he or she signed.  Also, a landlord cannot take any legal action against a tenant to recover rent or to evict the tenant unless the disclosure has been given.  Possessing marihuana is still illegal and you, as a tenant, cannot allow illegal acts to take place in your apartment (which includes the balcony)