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Birthday Video - Turn Your Child's Party Video Into A Music Video
Kid Birthday Party - Birthday Video Most people shoot some random video of their child’s birthday party, then toss the video in a drawer and forget about it. Hey, we’re talking about some precious video of an important event in your child’s...

DYI Divorce
DYI Divorce is very popular in the United States. The divorce rate in the United States is rising at an alarming pace. With the soaring rates of lawyers and the prestigious law firms, getting a divorce has become a fairly expensive business. DYI...

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(NC)—The summer is in full swing and so is the travel season as Canadians take advantage of the long awaited warm breezes and sunny skies. For those of us without a family cottage or a plane ticket out of the province, the options may seem...

Is a Boxer Dog The Right Pet For You?
Having a boxer dog as a pet, although low-maintenance, require your consistent attention, exercise, human interaction, consistent obedience training and lots of love. You cannot leave them to their own design for too long or they will get lonely,...

Taking The Stress Out of Packing
Let's face it, there is no "moving fairy." No matter how long you procrastinate, no twinkling spirit is going to show up, wave a magic wand and instantly transport all your household goods from your current home to your new one. If you're going to...

 
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CAN MY LANDLORD EVICT ME FOR SMOKING?

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.


About the Author

dan the roommate man

www.roommateexpress.com