Smoking Tenant - signs no smoking lease

[raromoney]

What is the name of your state? CA

Hello everybody.

I moved in Los Angeles almost a week
ago, from Europe, and I signed a 1-year lease for a 1 bedroom apartment a
few days ago.

I first filled out an application where I had to answer YES or NO to several
personal questions, and one of those was "Are you a smoker?".

To be quite honest with you, my reply to that question was NO, even though I
do smoke a little, since I knew that if I replied YES there would be no
chance on me getting the apartment. Furthermore, every apartment in the area
seems to be no-smoking, so I had made up my mind on stating that I do not
smoke on all the applications I filled out. My application was accepted, and
then I signed a 1 year lease stating that NO smoking should take place in
the apartment. The problem is that these first days are very hard for me,
being away from home and trying to adjust to the new environment, and thus I
found myself smoking even more than I used to.

Today, another tenant knocked on my door and complained about the smell of
smoke. You should keep in mind that I only smoke a few cigarettes a day, and
that if any smell of smoke was noticed by another tenant it was a very
special case. However, I can't stop thinking that this tenant might go ahead
and complain to the apartment manager in regards to my case.

That is why I would kindly request you to tell me where I stand in this
case.

I am thinking that probably the best thing to do is try and be semi-honest with
the manager, letting him know that I have started smoking a little bit since
I got here. On the other hand, I have provided the manager with 1 and a half
month's rent as a security deposit and I would hate to lose it - if that's a
posible outcome. I would understand if the manager asks me to vacate the
property as soon as this first month is over (I have already paid rent for
the first month) - but return the security deposit to me as soon as I leave.
However, if it is legal for him to ask me to vacate the apartment and keep
the security deposit claiming a breach on the contract - then I must find
another way to deal with the matter.

NOTE : NO SMOKING is also mentioned on the lease that I signed.


I fully understand that it is my fault to end up in this situation, and all
I ask of you is to inform me of what you would consider the next best move
to be.

Thank you very much in advance.

I will be really looking forward to your reply. - PLEASE HELP!
Nikolaos

 

[Cvillecpm]

Lying on your application was a BAD START.....get to a doctor and get prescription for "the patch" or get over-the-counter treatment and then STOP SMOKING.....you may be able to smoke OUTSIDE/AWAY from of your apt but you certainly can't smoke INSIDE or around where neighbors will report you to mgmt.

You moved to the "heart" of the no-smoking/nofumar ****S - now if you had come to Virginia, you would be in much more "friendly" smoking environment.

 

[raromoney]

Lying on your application was a BAD START.....get to a doctor and get prescription for "the patch" or get over-the-counter treatment and then STOP SMOKING.....you may be able to smoke OUTSIDE/AWAY from of your apt but you certainly can't smoke INSIDE or around where neighbors will report you to mgmt.

You moved to the "heart" of the no-smoking/nofumar ****S - now if you had come to Virginia, you would be in much more "friendly" smoking environment.

OUCH :-(

I know that to stop smoking would be the best thing to do, however I couldn't do that just cause I acted stupidly by signing a lie on a lease. I have only been in the apartment for 4 days, so I am thinking that I should stand a chance if I act quickly.

What happens if the manager finds out? Does he have the right to evict me and keep my security deposit? I honestly don't mind being evicted at this point - since the apartment was part furnished and I haven't bought too much stuff already. However, if eviction equals losing the HUGE security deposit, then something else needs to be done.

I am desperate. HELP me pleasee

 

[treese]

Lying on your application was a BAD START.....get to a doctor and get prescription for "the patch" or get over-the-counter treatment and then STOP SMOKING.....you may be able to smoke OUTSIDE/AWAY from of your apt but you certainly can't smoke INSIDE or around where neighbors will report you to mgmt.

True.

You are in violation of your lease. If the LL finds out, he can issue a Notice to Cure. If there is evidence of smoking in the apartment after receiving the notice, you can be evicted.

The landlord cannot just keep your security deposit.


The landlord can hold you liable for rent until a replacement tenant is found. The landlord can hold you liable for any costs to get rid of cigarette smoke/smell - such as carpet cleaning, etc.

These costs can be legally deducted from your security deposit.

Your best bet is to either quit smoking or move out and face the consenquences.

 

[CA LL]

Yes

Yes, the manager has the right to evict you if you have breached the lease which you admit you have.

Yes, the manager has the right to evict you if you lied on your application more than likely.

You would be responsible for paying the rent for 30 days from the time they or you give notice to move.

Yes they could deduct from the SD whatever costs they incurred to put the unit back to rentable condition.

To you who smokes, the smell/damage may not be apparant but to everyone else it IS.

They can't just "keep" your SD but they CAN use it to cover damages, lost rent, etc. And if they have to repaint, clean carpets after such a short tenancy..you will likely be charged for it because the "need" was due to your actions breaching the lease agreement.

There are PLENTY of smoking still allowed buildings in L.A. and other SO CA cities so you simply did not do your homework and instead chose to lie - not a good choice in my opinion.

Good luck to you. Don't lie on anymore applications.

 

[Alaska landlord]

I just had to clean a “no smoking” apartment that we provided furnished. We had to wash the walls and have the carpet and couch treated. None of this helped. I finally came across a product that worked much like an insect bomb. So far it seems to have helped but I will have to wait a few more days to find out. I suspect you will lose a chunk of your deposit if you are evicted for smoking. I know my tenant lost his 400.00 Just smoke outside while on a walk and away from people and it should be alright.

 

[CA LL]

But

In CA it has been established that a LL has the right to designate not only units as non smoking but if they choose to, they can make all common areas of the property non smoking as well. Only the poster knows the actual terms of their lease. I would not advise to stay and smoke "outside" without knowing the terms.

 

[raromoney]

True.

You are in violation of your lease. If the LL finds out, he can issue a Notice to Cure. If there is evidence of smoking in the apartment after receiving the notice, you can be evicted.

The landlord cannot just keep your security deposit.


The landlord can hold you liable for rent until a replacement tenant is found. The landlord can hold you liable for any costs to get rid of cigarette smoke/smell - such as carpet cleaning, etc.

These costs can be legally deducted from your security deposit.

Your best bet is to either quit smoking or move out and face the consenquences.

Thanks treese.

Evidence of smoking in the apartment cannot be found. I am not one of those tenants that smoke a lot in the apartment and don't take care of it. I have only been in the apartment for 4 days, as previously mentioned, and even during that time I only smoke at the window - blowing the smoke out of the apartment in order to avoid smelling carpets/walls. Thus, part of the security deposit being held due to repairs or replacement of anything in the apartment won't be the case.

However, could I be held liable to pay rent till a new tenant is found? If yes, would I still be able to live in the apartment till then?

The lease only states that no smoking is to take place in the apartment and building. It doesn't say what would happen if smoking does take place. Is that a good thing or doesn't make any difference?

 

[raromoney]

I just had to clean a “no smoking” apartment that we provided furnished. We had to wash the walls and have the carpet and couch treated. None of this helped. I finally came across a product that worked much like an insect bomb. So far it seems to have helped but I will have to wait a few more days to find out. I suspect you will lose a chunk of your deposit if you are evicted for smoking. I know my tenant lost his 400.00 Just smoke outside while on a walk and away from people and it should be alright.

Alaska landlord,

I understand that you have had bad experiences with smoking tenants in the past. However, if a tenants pays his/her rent right on time, and takes good care of the apartment (which is possible even in the case of a smoker)... then doesn't that make him a good tenant?

What I am trying to say is that I would hate to have to try and clean a smoking apartment, but cleaning my "no smoking" apartment will be like cleaning an actual no smoking apartment. I am doing my best to sit next to a window when I have these few cigarettes and I keep the rest of the apartment full of air fresheners.

Still - I would hate to be the cause of problems to other tenants and thus I wouldn't mind vacating the property - if that wouldn't mean losing any money.

 

[Just Blue]

Alaska landlord,

I understand that you have had bad experiences with smoking tenants in the past. However, if a tenants pays his/her rent right on time, and takes good care of the apartment (which is possible even in the case of a smoker)... then doesn't that make him a good tenant?

What I am trying to say is that I would hate to have to try and clean a smoking apartment, but cleaning my "no smoking" apartment will be like cleaning an actual no smoking apartment. I am doing my best to sit next to a window when I have these few cigarettes and I keep the rest of the apartment full of air fresheners.

Still - I would hate to be the cause of problems to other tenants and thus I wouldn't mind vacating the property - if that wouldn't mean losing any money.

I have a "smoking " apartment...I smoke 3 or 4 cigs a day...I do NOT allow ANYONE, including me, to smoke in my home...even one cig a day smells gross! You don't notice it because you smell like a ciggerett...but others do. Non-smoking is a big thing here...perhaps it isn't where you are from.

A good Tennant DOES NOT VIOLATE their lease.

 

[raromoney]

In CA it has been established that a LL has the right to designate not only units as non smoking but if they choose to, they can make all common areas of the property non smoking as well. Only the poster knows the actual terms of their lease. I would not advise to stay and smoke "outside" without knowing the terms.

CA LL,

Please calm down.

I understand that I shouldn't lie on applications and furthermore I understand that I am the one responsible for being where I am now.

However, you should realize that even though I did "lie" on my application, I am not a heavy smoker and I take very good care of the place I live in. Smell of smoke is very disturbing to non-smokers but smoke is very disturbing to smokers as well. I know that, and that is why I only smoke next to a window and keep air fresheners all around my apartment. I try to keep my smoking out of the apartment, but if you have lived/visited Los Angeles, then I am sure you know that my actual apartment is one of the very few indoor places where I can smoke. I know I am not supposed to but still.

As previously stated, I have only been in the apartment for 4 days, and I only started smoking a bit more here, in Los Angeles, because I am having a hard time adjusting. I do know that this can cause disconfort to other people, and thus I would gladly leave the apartment and search for another one in a more smoking friendly environment. I cannot under no circumstances lose my deposit though. From my limited knowledge, I believe that the security deposit is there in case of a tenant not paying the rent or damaging an apartment. I have not done either of those.

What do you think?

 

[Zigner]

Thanks treese.

Evidence of smoking in the apartment cannot be found. I am not one of those tenants that smoke a lot in the apartment and don't take care of it. I have only been in the apartment for 4 days, as previously mentioned, and even during that time I only smoke at the window - blowing the smoke out of the apartment in order to avoid smelling carpets/walls. Thus, part of the security deposit being held due to repairs or replacement of anything in the apartment won't be the case.

However, could I be held liable to pay rent till a new tenant is found? If yes, would I still be able to live in the apartment till then?

The lease only states that no smoking is to take place in the apartment and building. It doesn't say what would happen if smoking does take place. Is that a good thing or doesn't make any difference?

Close the door for 3 days and then invite me over - I'll be able to smell the evidence of you smoking

The lease doesn't have to tell you what the punishment will be for breaking the terms of the lease. Those remedies are spelled out in the law...

 

[Alaska landlord]

Alaska landlord,

I understand that you have had bad experiences with smoking tenants in the past. However, if a tenants pays his/her rent right on time, and takes good care of the apartment (which is possible even in the case of a smoker)... then doesn't that make him a good tenant?

No, as a smoker you cannot be the judge of how bad the smoke damage is. Your nose has stopped working along time ago.

What I am trying to say is that I would hate to have to try and clean a smoking apartment, but cleaning my "no smoking" apartment will be like cleaning an actual no smoking apartment. I am doing my best to sit next to a window when I have these few cigarettes and I keep the rest of the apartment full of air fresheners.

Only the landlord can determine how much damage has been done. Remember the tenant after you will probably be complaining about the smell of smoke in his smoke free apartment that he was promised.

Still - I would hate to be the cause of problems to other tenants and thus I wouldn't mind vacating the property - if that wouldn't mean losing any money.

Then, stop smoking or smoke away from the property. As you said, smoker apartments are hard to come by.

 

[Cvillecpm]

Send me a plane ticket and I'll walk by your apt and tell you if you have been smoking and I have NEVER smoked.

Because smoking is such a TABOO - the smoke is very recognizable and identifiable.....don't think you can smoke in the apt and no one will know....Determine NOW that you will stop smoking....new environment, new attitude....stop smoking.

You think apt mgmt is BAD - wait until you complete a job application....HeHeHe

 

[raromoney]

hehehe... ok everyone. you are right. I do smoke and yes, I am not able to really smell smoke as a non-smoker would.

I am not trying to prove anything here. What I am trying to say is that most of my time I am out of the apartment and I have only smoked like 4-5 ciggarettes in it. So maybe you could smell it and maybe you could not. The sure thing is that if I keep the windows open for a day the smell won't be more intense that the smell of someone having a cigarete out of the apartment (keep in mind that the apartment is on the ground floor - windows facing the street). Either way - what I need to figure out is where I stand in this matter. What would happen if I am found smoking in the apartment?

Eviction is the worst case scenario or is there anything worse such as losing the security deposit?