QUESTION: I'm subletting an apartment. My landlord wants to evict me for smoking -- and for allowing my guests to smoke, too. The tenant whom I rent from didn't mention any rules about smoking, nor were there any in the tenant's lease nor in my month-to-month sublease. I pay rent on time. What are my rights?
ANSWER:
Given the news reports over the harmful effects of tobacco smoke, some landlords are writing lease and rental agreement clauses that prohibit smoking, either in the tenant's unit or even the entire building. There has not yet been a successful legal challenge to a clearly written clause.
But it is quite a different animal to rewrite the rules or make them up smack dab in the middle of the lease. If the original tenant has a fixed-term lease, the landlord cannot change its terms until the lease expires. If that tenant rents month-to-month, the landlord can make a change after giving the tenant proper notice -- that is 30 days in most states.
Now, since you are a subtenant of a tenant with a lease, you must abide by the terms and conditions of the tenant's lease. For example, a no-pets clause in the lease would apply to you. But you also get to enjoy the rule about no changes mid-lease -- which means that the landlord cannot insist that you stop smoking. But watch out -- if the tenant from whom you rent were to decide that he didn't want you to smoke in the apartment, he could give you proper notice (again, usually 30 days) and you'd have to comply.
Moving Your Pet
Getting through the emotional stress of moving is difficult enough for adults and children. But what about pets, a species with whom we can't even level? Pet owners are often baffled by their pets' behavior during and after a move. Sometimes it's a personality change, a regression in housebreaking habits or a sudden unexplained illness. Even if you don't notice something that dramatic, there's no question that your faithful companion is feeling stress. How do you move your pet and keep the strain to an absolute minimum -- both to yourself and your beloved pet?
Is That Apartment Hazardous to Your Health?
When you sign a lease committing yourself to a unit in an apartment complex or building, you're agreeing to live in close quarters with strangers. You're also making the assumption that your building will be properly managed and maintained. That includes such factors as air quality and adequate pest control. As a tenant, you have rights, of course, but some of the most serious threats to your health -- such as carbon monoxide -- are ones you can't even see or smell.
Does The Landlord Have To Clean The Apartment Before I Move In?
QUESTION:What can I do about a landlord who promised a clean and newly painted apartment before we moved in, but didn't deliver? We have moved in because we had nowhere else to go, but I am concerned about our children's health and the total well-being of our family. Can I report the unhealthy living conditions to the health department? Please let me know of my legal rights or how to go about this problem in a dignified manner.
