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Mid Lease Smoking Ban Allowed?
Can I ban smoking in the building, including common areas, mid-lease?
I bought a duplex and inherited tenants/leases last year. One unit is rented by smokers (they use common laundry area), and the other unit recently became vacant. We are concerned that the smoking/smell will turn off prospects as well as the extra cost of cleaning up areas after smokers move out.
The building is in Illinois. Smokers are not considered a "protected class" (ie: race/gender/age/etc).
The lease the tenant signed prior to us acquiring the property says nothing about smoking either way.
I know I'm within my rights to not allow smoking within the building, especially if there's a new tenant, but not sure if I am able to do that mid lease.
Does anybody have any experience with this? Are there general rules that apply about this, or is this a lawyer question?
Thank you!!
Dave