What doI do when a tenant violate a non-smoking clause?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
What doI do when a tenant violate a non-smoking clause?
Asked on November 2, 2011 under Real Estate Law, Massachusetts
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
While you question does not specifically indicate, presumably you are the landlord or the landlord's property manager or agent. If so, then if a lease contains a no-smoking clause but a tenant is smoking in the building/premises, he or she is violating the lease and could be evicted. Generally, you need to first provide notice to the tenant that he or she is violating the lease, and an opportunity to stop doing so; then if the tenant does not, you would bring an eviction action. You need to check the rules in your state; to give you an example, in New Jersey where I practice, first you send the tenant a
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.