lease question

[Becky Hoskins]

I live in Missouri, signed a one year lease to start Nov. 2000, moved in Nov 6. I hadn't been in the apartment long when I smelled cigarette smoke. the tenants next door smoke. I have asked the landlord to do something about the smell. He has changed the air filters and cleaned the ducts, but nothing works. the cigarette smoke is definitely not lingering from previous tenants as it is more concentrated when the neighbors are home. My lease states: "absolutely no smoking is allowed in any of the [name of complex] apartments." Since the landlord is allowing the tenants next to me to smoke and it is bothering me, is he breaking the terms of the lease and can I legally get out of the lease? If so, what am I entitled to get back? All I want is my security deposit and last month's rent. He says that since tenants next door lived there when he bought the apartment, that the no smoking clause does not apply, but remember it states "no smoking in ANY of the .... apartments." Thanks for your help.

 

[dj1]

Becky:

The landlord is only partially Correct:

YES he must accept the tenant with his smoking UNTILL his lease ends, the landlord CAN change the terms OF ANY lease 30 days before it expires...so he can tell the tenant if he wants a renewal lease he must not smoke.

AND if the tenant is a month to month tenant then the landlord can give him a 30 day notice to vacate, no explanation is necessary.

This is what you ask the landlord, when is his lease up, will the landlord NOT renew the lease becuase of the smoking, if the landlord says he IS going to renrew then you could have a vaild claim to terminate your lease.

UNLESS the landlord made some special deal with the old owner to keep that tenant there for a certain period of time, so the sale would go through..

So you are not totally out of luck, and untill you get all the answers to the questions you cannot break the lease, just yet.

[Edited by dj1 on 03-01-2001 at 11:42 PM]

 

[LL]

YOUR lease says that no smoking is allowed in any of the units. So you are not allowed to smoke in any of the units.

Your neighbor's lease is his business.

If the landlord is allowing other tenants to smoke, is he "breaking the lease"? Which lease? Not yours, thats for sure. Does your lease promise you that there will be no smoking by other tenants?

Check if Missouri law requires a consistent policy for all tenants.