Can I get asked to move out on a Month to Month lease because I complain about the smoking neighbors?

[LdiJ]

yes, but a retialitory eviction because the tenant complained to LL about some unsafe condition such as others who smoke in apparent contradiction to
OPS lease provision, the judge might not agree with LL if the eviction is clearly tainted as retialiation.

She is month to month. The lease can be ended with 60 days notice for any reason at all.

 

[STEPHAN]

If the no smoking is so important to you, you should write it into your next lease.

 

[Eekamouse]

She should specify in that next lease that no one is allowed to barbeque or use their fireplace if they live within smelling distance to her as well.

 

[Zigner]

yes, but a retialitory eviction because the tenant complained to LL about some unsafe condition such as others who smoke in apparent contradiction to
OPS lease provision, the judge might not agree with LL if the eviction is clearly tainted as retialiation.

The OP's lease has no bearing on whether or not others can smoke.

 

[PayrollHRGuy]

yes, but a retialitory eviction because the tenant complained to LL about some unsafe condition such as others who smoke in apparent contradiction to
OPS lease provision, the judge might not agree with LL if the eviction is clearly tainted as retialiation.

What eviction? Are you implying that the OP has some right to live there forever under month to month lease?

 

[pfeinauer]

This is very similiar to my situation I had in Nevada. First and foremost, don't let the trolls on this thread get you down.

In your lease, does it have an area for non smoking, as well as consequences for violating the lease? If it does, and you can prove they are smoking, and can also prove the landlord knows they are smoking (go there with the landlord while they're smoking, etc) then you can sue the landlord for not upholding the lease. If you can't prove this at all, then I don't think you can really do anything about if you want to stay there.

The problem the landlord doesn't understand is, if you leave, the only person that is going to be happy in that situation is a smoker. I'm pretty sure the majority of tenants now a days are non-smokers, so because of their carelessness/laziness they're actually hurting their situation financially by not taking care of it.

It may be time to get a consultation from a lawyer just to see what they say about it.

 

[Gail in Georgia]

Please sit down and be quiet. You don't know what you are talking about (even in your own posting). The issue of terminating a month to month tenancy has been addressed with the OP.

Gail

 

[Just Blue]

This is very similiar to my situation I had in Nevada. First and foremost, don't let the trolls on this thread get you down.

In your lease, does it have an area for non smoking, as well as consequences for violating the lease? If it does, and you can prove they are smoking, and can also prove the landlord knows they are smoking (go there with the landlord while they're smoking, etc) then you can sue the landlord for not upholding the lease. If you can't prove this at all, then I don't think you can really do anything about if you want to stay there.

The problem the landlord doesn't understand is, if you leave, the only person that is going to be happy in that situation is a smoker. I'm pretty sure the majority of tenants now a days are non-smokers, so because of their carelessness/laziness they're actually hurting their situation financially by not taking care of it.

It may be time to get a consultation from a lawyer just to see what they say about it.

Please post LL/Tenant Law/statute that will back up your "advice". For the OP's State...