Can landlord make me sign a paper stating I wont smoke in apartment?

UPDATED: May 30, 2009

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Can landlord make me sign a paper stating I wont smoke in apartment?

I have not signed a lease or anything. The ad did not say no smoking. Now neighbor upstairs complained I smoke and wants landlord to make me sign a paper stating i wont smoke in my apartment. These are two separate apartments. Yet they run across floor all the time knocking my pics off wall and causing cupboards to open from the running. They continously yell at their kids or their kids are yelling. What are my rights

Asked on May 30, 2009 under Real Estate Law, Colorado


B. B., Member, New Jersey Bar / FreeAdvice Contributing Attorney

Answered 13 years ago | Contributor

It's quite possible that you may have to agree with this.  In most states, if you don't have a signed lease, you are a tenant from month to month, and that means that the landlord could add a new rule, by giving you one month's notice, if it's done properly.  The law on this does vary from one state to another, and the landlord can't be unreasonable or arbitrary about new rules.  However, I very much doubt that a court would find a no-smoking rule unreasonable, if the upstairs neighbors complained.

You have the right to complain about your neighbors' interference with your use of your apartment, too!

If you need to get reliable, detailed advice about your situation, you should review all of the facts with an attorney in your area.  One place to find a lawyer is our website,

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