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Apartment Complex Goes Smoke-Free

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  • 05-20-2015, 04:00 PM
    phampton
    Apartment Complex Goes Smoke-Free
    My question involves landlord-tenant law in the State of: Indiana

    I live in a apartment complex, that is not government owned or operated, nor is a duplex or converted single family dwelling. The Landlord has decided to make both the public areas within 8 feet of the entrances, and the individually leased apartments smoke free. This is being done with 10 days notice, and there is nothing in the lease about the apartment being, or planing to be smoke free. My questions: 1) Is this legal? 2) does this void the signed lease?
  • 05-20-2015, 04:24 PM
    LawResearcherMissy
    Re: Apartment Complex Goes Smoke-Free
    Quote:

    1) Is this legal?
    Yep.

    Quote:

    2) does this void the signed lease?
    Nope.
  • 05-20-2015, 04:27 PM
    adjusterjack
    Re: Apartment Complex Goes Smoke-Free
    Ditto.

    Smokers are not a protected class.

    Apartment complex owners and managers are free to make rules that involve the health and safety of everybody.
  • 05-20-2015, 04:28 PM
    Taxing Matters
    Re: Apartment Complex Goes Smoke-Free
    While it is legal to do and does not void your lease, the requirement that you go smoke free within your apartment is likely not enforceable unless the lease specifically states that the landlord can make these sorts of rules and apply them during the term of the lease. The landlord may have to wait until the lease is up for renewal and include the nonsmoking provision in the new lease to make it stick. Of course, if your lease is month to month, all this would mean is that the landlord may have to wait until the current month ends to adopt that change in the lease.
  • 05-20-2015, 04:57 PM
    LawResearcherMissy
    Re: Apartment Complex Goes Smoke-Free
    Quote:

    While it is legal to do and does not void your lease, the requirement that you go smoke free within your apartment is likely not enforceable unless the lease specifically states that the landlord can make these sorts of rules and apply them during the term of the lease
    Nope.

    In Indiana, the landlord may implement a no-smoking addendum at any time. See the document above.
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