grandfather clause for smokers (apartment, lease, tenant, landlord)
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hi first let me tell you my story .I have been taking care of a gentelmen of 71 yrs old and is a smoker.He has lived in this app.complex for 12 .12 years ago it was ok to smoke in your app in this app.he has always paid rent on time never any complaints .He was evited about 2 months ago for smoking brcause of the new laws.and now lives with me haha what im asking is is there a clause saying that any resident that has neen there for that many years required to stop smoking also.
Did he have a specific lease that allowed smoking, or was he on a month-to-month lease? The landlord decides to change the rules because the state is enforcing something new like no smoking, I'm pretty sure everybody has to conform. I don't think there is a grandfather clause for smoking, like there would be with your wood burning fireplace.
I'm in my second senior apartment building where the rules were changed right after I moved in. If a tenant's current lease says they can smoke in their unit, then they can do so until the lease terminates. What's happened where I live, is the new lease says no smoking, and the tenants were given a ton of notice that the rules were changing.
I'd bet your friend had a lot of notice, and when his lease ended, he was then required not to smoke in the unit. It's actually hard to catch people smoking. He must have admitted to it to get kicked out.
There is no grandfathering for smoking, or for much of anything else, either. If there is a lease that allows smoking, the landlord can change that to non-smoking at lease renewal time (with proper notice).
If it is a month to month agreement, then the unit can be changed to non-smoking at any time, with a 30 day notice.
The tenant then has a couple of options: quit smoking, smoke only outside, or move.
I live in a 20 unit disabled complex. I moved in when it was first built 7 years ago. They new I was a smoker and had 6 outside plants, 1 small hummingbird feeder, and 1 small companion dog. Now they have given notice that all of the above with the exception of my dog has to go. Will the grandfather law protect me at all? They want us to go outside the secured facility to smoke. I wear a plexiglass brace brace on my left leg and it would be very difficult to walk outside all the time. Please reply.
Read the post 2 above your's. There is no such thing as a grandfather law for smoking. No smoking will be part of your lease next time it's up for renewal.
If the prohibition on smoking is due to a government regulation or law, lease or not, they can now enforce the ban. As for the outside items, that all depends on your lease and exactly why they are saying it must go.
I live in a 20 unit disabled complex. I moved in when it was first built 7 years ago. They new I was a smoker and had 6 outside plants, 1 small hummingbird feeder, and 1 small companion dog. Now they have given notice that all of the above with the exception of my dog has to go. Will the grandfather law protect me at all? They want us to go outside the secured facility to smoke. I wear a plexiglass brace brace on my left leg and it would be very difficult to walk outside all the time. Please reply.
Smoking isn't a right, nor is having plants, or owning a pet.....if the rules were changed regarding any of these, then all they would have to do is give proper notice. These fall under "Community Rules"...and they can be changed with a 30-60 day notice.
I've never read a lease that says it allows smoking, only that it doesn't allow it...so if your current least doesn't say you can smoke in your unit, then you have to comply with the rule change.
You said it would be difficult, but not impossible. If you really want/need that smoke, you'll find a way to get outside the facility or you'll quit.
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