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  1. #1
    Join Date
    Nov 2008
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    13

    Default Eviction for Smoking

    I received an eviction notice today:

    "It has been found that you have been smoking on the property, in your apartment, and that you have willfully removed the smoke detectors in your apartment. All of these actions are in violation of the lease signed by yourself and your co-signer.
    This is your notice to move from the apartment within 72 hours, or no later than midnight, April 24, 2009.
    Please be advised that you and your co-signer will be liable for any costs incurred to return your apartment to a rentable condition. This could include, but is not limited to: professional air cleaning, possible furniture replacement if the smoke odor cannot be removed, and repainting the apartment if the smoke odor cannot be removed by other means.
    We would appreciate your complete cooperation."

    I have smoked in the apartment, but that was several weeks ago and I cleaned the air and everything (I've never received a warning or reminder of the agreements on the lease) and I took the smoke detector and placed it on the dresser because it was right where the smoke and steam seemed to travel whenever I cooked anything and I set it off a couple of times and got tired of it. I'm going to go ask for a copy of the lease agreement since I never got one.
    Anyway, this breaks my lease, which doesn't end until June 15, so can I get my rent back for that period of time?

    I am in Idaho.

    EDIT: Oh, and I was never given any form notice of them entering my unit, which according to the Landlord-Tenant laws of Idaho, is an unlawful lease provision, which I assume means it's not legal for them to simply enter my apartment without notice if there is nothing about it in the lease.

  2. #2
    Join Date
    Jan 2006
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    28,122

    Default Re: Eviction for Smoking

    Anyway, this breaks my lease, which doesn't end until June 15, so can I get my rent back for that period of time?
    can you get it back? Have you already paid it?

    I have smoked in the apartment, but that was several weeks ago and I cleaned the air and everything
    well, apparently there is a no smoking clause in your lease and "cleaning the air and everything" does not change that. If it is against the lease, it is against the lease.

    btw; although you may believe you cleaned the air and everything, smoke permeates furniture, paint, and everything else. While you may not be able to smell it, a non-smoker often can.

  3. #3
    Join Date
    Jan 2008
    Location
    Toledo, OH
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    16,115

    Default Re: Eviction for Smoking

    I have smoked in the apartment, but that was several weeks ago and I cleaned the air and everything (I've never received a warning or reminder of the agreements on the lease) and I took the smoke detector and placed it on the dresser because it was right where the smoke and steam seemed to travel whenever I cooked anything and I set it off a couple of times and got tired of it.
    Why would you expect reminders or warnings?

    It's expected that you are fully cognizant of the terms of your lease agreement when you sign it. Your landlord is not obligated to give you any sort of warning that you're in breach, and certainly not when you're obviously in deliberate breach.
    I'm not a lawyer, but I play a researcher on the internet!
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  4. #4
    Join Date
    Nov 2008
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    13

    Default Re: Eviction for Smoking

    can you get it back? Have you already paid it?
    Yes, I paid it all up front.

    And I don't mean to say I'm fighting it, I understand why I'm being evicted, I just want my rent back for the month and a half I will not be living here.

    Why would you expect reminders or warnings?

    It's expected that you are fully cognizant of the terms of your lease agreement when you sign it. Your landlord is not obligated to give you any sort of warning that you're in breach, and certainly not when you're obviously in deliberate breach.
    Generally isn't there a 20 or 30 day notice to either fix the problem or leave the premises as opposed to just a three day eviction?

  5. #5
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    Jan 2006
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    Default Re: Eviction for Smoking

    =Mastevens;309967]Yes, I paid it all up front.
    I would read your lease. There may be fees for the termination but (and don;t hold me to this as I am not positive) by due to the eviction you would be entitled to the unused rent back.





    Generally isn't there a 20 or 30 day notice to either fix the problem or leave the premises as opposed to just a three day eviction?
    this is not something that is curable. You smoked in the apt and that is that. You can't undo what it has done.

  6. #6
    Join Date
    Nov 2008
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    13

    Default Re: Eviction for Smoking

    Quote Quoting jk
    View Post
    I would read your lease. There may be fees for the termination but (and don;t hold me to this as I am not positive) by due to the eviction you would be entitled to the unused rent back.





    this is not something that is curable. You smoked in the apt and that is that. You can't undo what it has done.
    Quote from Landlord-Tenant Guidelines of Idaho:

    UNLAWFUL EVICTIONS
    Landlords may not engage in any form of self-help to force a tenant out of a rental property. It is
    unlawful for a landlord to:
    1. Fail to provide proper notice;
    2. Fail to allow time for the tenant to pay the overdue rent or comply with the lease;
    3. Shut off the utilities;
    18
    4. Change the locks;
    5. Confiscate the tenant’s property; or
    6. Do anything other than institute lawful eviction proceedings.
    Alright, I'm going to go request a copy.

  7. #7
    Join Date
    Aug 2006
    Posts
    563

    Default Re: Eviction for Smoking

    Quote:
    UNLAWFUL EVICTIONS
    Landlords may not engage in any form of self-help to force a tenant out of a rental property. It is
    unlawful for a landlord to:
    1. Fail to provide proper notice;
    2. Fail to allow time for the tenant to pay the overdue rent or comply with the lease;
    3. Shut off the utilities;
    18
    4. Change the locks;
    5. Confiscate the tenantís property; or
    6. Do anything other than institute lawful eviction proceedings.

    If number two is true then they must allow you time to comply?
    in other words stop smoking on the property or face eviction?

  8. #8
    Join Date
    Jan 2006
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    28,122

    Default Re: Eviction for Smoking

    FILING AN EVICTION - Idaho
    A tenant can be evicted in Idaho if they:

    • violate the terms of the lease agreement
    • is behind in paying the rent
    • rents month-to-month and is given 30 days notice asking him/her to move
    • engages in the unlawful use, delivery, or production of a controlled substance on the premises of the leased property during the tenancy


    • The Idhao tenant cannot be evicted if they have:
      • paid the rent and the eviction is in retaliation for the exercise of a legal right such as requesting repairs be made or organizing a tenantsí association.


    A Idaho tenant must be given notice by a landlord prior to the eviction. The notice can be a 3 or 30 day notice.
    A 3 day written notice is permissible only if the Idaho tenant is behind in the rent; violated the terms of the lease agreement; or engaged in the unlawful delivery, production, or use of a controlled substance on the premises of the leased property during the tenancy. The 3 day notice must include the amount of rent the tenant owes (if s/he is behind), the lease provisions the tenant has violated, or that s/he has engaged in the unlawful delivery, production, or use of a controlled substance on the premises, and advise the tenant that s/he has 3 days to either pay the rent, cure the lease violation, or leave. There is no opportunity to cure for engaging in illegal drug activity. If the tenant complies within the 3 day period, the landlord may not evict him/her. A landlord cannot use the 3 day notice where the tenant is current in the rent and has complied with the terms of the lease, and the landlord simply wants to rent to another person.
    and you said you were agreeing to leave, right?

    I suspect that if the LL had to evict, he could based upon you causing waste to the premises. That is something you cannot cure and the courts often allow a LL to take possession in a very short time to prevent any further damages.

  9. #9
    Join Date
    Nov 2008
    Posts
    13

    Default Re: Eviction for Smoking

    and you said you were agreeing to leave, right?

    I suspect that if the LL had to evict, he could based upon you causing waste to the premises. That is something you cannot cure and the courts often allow a LL to take possession in a very short time to prevent any further damages.
    Oh, okay. But yes, I've made arrangements so I'll be out tomorrow, so I'll be out. I guess I kind of started adding more stuff onto here than I should have.

    The thing I'm most worried about is getting my money for unused rent back, and like you said earlier it seems like I really doubt the furniture will be required to be replaced, and even then wouldn't they have to give it back and then send me a bill for the costs subtracting the security deposit? Because according to the guidelines I have, rent is strictly payment for occupancy.

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