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In Ri, can a landlord enforce the "no smoking polcy" in their 2 family rental property?


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#1 caretaker_62

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Posted 17 November 2013 - 10:29 AM

The tenant was told when he looked at the apartment, that landlord wanted no smokers and no pets.  The tenant said that they did not have any pets and did not smoke or drink.  I told him,  I don't care if you drink, but the landlord does not want anyone smoking in the house.  Besides the second floor tenants had a baby, and one of the reasons they chose to live there was because there was no smoking allowed.  The only part he was telling the truth about was not having a pet.  Within 2 months of the first floor tenant moving in, the second floor tenants moved out.  Their reason for leaving was that the house stunk of cigarette smoke ever since the first floor tenant moved in and that the first floor tenant will blast the music at all hours of the day and night whenever they hear a song they like.  The second floor people did not want to have a confrontation with the 1st floor, so they moved out.  I am getting other complaints from neighbors and have even had neighbors warning prospective tenants for the second floor about the crazy smoking  tenant.  I would like to confront the tenant, but someone told me that you can not enforce the no smoking policy in the tenants apartment, only in the common areas.  Is this true?  I can't find any law on this subject.  Please help!



#2 adjusterjack

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Posted 17 November 2013 - 11:01 AM

The tenant was told when he looked at the apartment, that landlord wanted no smokers and no pets. 

 

Sorry, but "told" doesn't cut it.

 

Are those prohibitions in the written lease signed by the tenant?

 

If not, then the LL has nowhere to go with this.

 

 

someone told me that you can not enforce the no smoking policy in the tenants apartment, only in the common areas. 

 

Again with the "told"?

 

Who told you that? If it wasn't a lawyer, I wouldn't be paying any attention to it.

 

Read the RI landlord tenant statute:

 

http://law.justia.co.../chapter-34-18/

 

If there is nothing in there prohibiting a lease provision that completely prohibits smoking then a lease provision like that would be enforceable and a tenant could be evicted for breaching it.

 

But it has to be in the lease.

 

All you can do now is wait till the tenant's lease is up to get rid of him.


Warning: Legal issues are complicated. Explanations and comments here are simplified and might not fully explain the ramifications of your particular issue. I am not a lawyer. I do not give legal advice. I make comments based on my knowledge and experience. I guarantee nothing. If you act on my comments without the advice of an attorney, you do so at your own risk.


#3 caretaker_62

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Posted 23 November 2013 - 07:55 AM

Yes, #14b of the lease states "Tenant agrees that smoking of any sustance in or on the Premises is prohibited."


Edited by FindLaw_Kevin, 25 November 2013 - 10:00 AM.
This post has been edited to remove style elements that were causing it to display improperly. -Moderator


#4 adjusterjack

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Posted 23 November 2013 - 09:44 AM

OK, good.

 

Then follow the RI statute with regard to termination notice for a breach of the lease.

 

http://law.justia.co...apter-34-18-36/


Warning: Legal issues are complicated. Explanations and comments here are simplified and might not fully explain the ramifications of your particular issue. I am not a lawyer. I do not give legal advice. I make comments based on my knowledge and experience. I guarantee nothing. If you act on my comments without the advice of an attorney, you do so at your own risk.





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