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Featured Smoking Articles

Educate Your Child on Smoking
Studies show adults can quit smoking under care of a counselor and physician. But this possibility is next to impossible with teenagers. Pre- teen age is an age in which we want to gain each and every experience whether good or bad. Our habits start ...

How to Quit Smoking: Action Plan
Smoking is a bad habit that prevents you to reach your full potential. Quit smoking today! The prospect of quitting smoking seems daunting for the millions of people who smoke, and particularly for those that have been smoking for some time. No ...

Reasons Why You Should Quit Smoking
Smoking can hook you because cigarettes contain nicotine which is highly addictive. But being hooked is not an excuse why you cannot quit smoking. Smoking has been proven by several researches to be great threat to one's health, that is why there is no ...

Can My Landlord Evict Me For Smoking?
 

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




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Smoking News

Up in smoke: Bars ignore Dutch smoking ban - Washington Post
THE HAGUE, Netherlands -- A growing number of Dutch bar and cafe owners are slapping ashtrays back on their tables just months after a nationwide smoking ban came into force for bars and restaurants, saying the measure is driving hundreds of small ...

Mo. ranks 49th, Ill. 43rd for funding tobacco-prevention programs - St. Louis Business Journal
Missouri ranks 49th in the nation in funding programs to protect kids from tobacco, a new report shows. Missouri spends $2.7 million a year on tobacco prevention programs, which is 3.7 percent of the $73 million recommended by the U.S. Centers for ...

Smoking ban, shaky economy wallop Dutch bars - Arizona Daily Star
THE HAGUE, Netherlands — Hunkered down in a thick winter coat and scarf, Steven Jankipersadsing lit up a cigarette after finishing his bowl of pea soup outside a Dutch cafe. "I won't come here in the winter, I don't want to sit outside then," he ...

Iowa town is smoking mad over billboard - Omaha World-Herald
Drop dead, Lake View. That's not exactly the message of a new anti-tobacco billboard near the bucolic northwest Iowa town, but it's close enough, some community leaders said Wednesday. "Lake View. Tobacco can kill this town in 1 day," reads the sign ...

Smoking allowed inside two county bars till 2011 - Cumberland Times-News
CUMBERLAND — Two Allegany County establishments have received temporary waivers to the state’s Clean Indoor Air Act. The waivers allow smokers to light up inside Shooters Bar and Grill on U.S. Route 220 south of Cumberland and Smitty’s on ...