Can alandlord require that I use no fragrances in my apartment?

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Can alandlord require that I use no fragrances in my apartment?

My landlord and his wife don’t me to use perfume or spray. He even told me to use vinegar when I cook because his wife wants that. They live on the second and the third floor; I live on the first floor.

Asked on September 30, 2010 under Real Estate Law, New Jersey

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

There is nothing illegal about this request (it's odd, but not illegal), so IF it is a term or condition of the lease, the landlord can enforce it. However, it's not a lease term, the landlord may not add it as a requirement during the middle of the lease's term; instead, it something that could be added to the leave upon renewal or renegotiation. But while a lease in in force, the terms as written and agreed to, and not any additional terms one party might like to add, control.

If you don't have a written lease, you have an oral or verbal lease. If you do, it's for one month at a time. With 30 days notice, the landlord could make this a term of the lease; if you do not or are unwilling to comply with it, he could then evict you for breach of  the lease.


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