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Don't Sign That Lease Yet
You're being transferred to a new city in another state for a position that you start in exactly two weeks. You fly to your new hometown to select an apartment. You have exactly two days to make a decision and sign a lease, so when, after much...
Landlords: Checking out Potential Tenants
If you're the landlord of a complex in high demand, you have to have high standards for your tenants. You don't want to rent to any Joe Blow and then lose the building a month later because he's been growing an "herbal garden" in the bedroom. In...
Public Schools Can Waste 12 Years of Your Child’s Life
For over fifty years, public-school officials and politicians have tried one education fad after another. They have all failed. Children should not be turned into victims and educational guinea pigs by public-school authorities. Here's why public...
The Fugitive
Where are the dogs of yesteryear? They all seem to be some breed or another these days. They never used to be. Back in the forties, we had dogs that LEANED in one direction or another. Or maybe two or three directions at once. But we never...
Your Dog is a Social Animal - and Needs You!
Your dog is a social being, just like you! He/she loves walking in the park with you, playing ball or chase with you, and just being with you. Even when he/she’s lying around the house or the backyard having a snooze, your dog is well aware of...
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CAN MY LANDLORD EVICT ME FOR SMOKING?
QUESTION:
I'm subletting an apartment. My landlord wants to evict me for smoking -- and for allowing my guests to smoke, too. 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. I pay rent on time. What are my rights?
ANSWER:
Given the news reports over the harmful effects of tobacco smoke, some landlords are writing lease and rental agreement clauses that prohibit smoking, either in the tenant's unit or even the entire building. There has not yet been a successful legal challenge to a clearly written clause.
But it is quite a different animal to rewrite the rules or make them up smack dab in the middle of the lease. If the original tenant has a fixed-term lease, the
landlord cannot change its terms until the lease expires. If that tenant rents month-to-month, the landlord can make a change after giving the tenant proper notice -- that is 30 days in most states.
Now, since you are a subtenant of a tenant with a lease, you must abide by the terms and conditions of the tenant's lease. For example, a no-pets clause in the lease would apply to you. But you also get to enjoy the rule about no changes mid-lease -- which means that the landlord cannot insist that you stop smoking. But watch out -- if the tenant from whom you rent were to decide that he didn't want you to smoke in the apartment, he could give you proper notice (again, usually 30 days) and you'd have to comply.
About the Author
dan the roommate man
www.roommateexpress.com
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