Mid Lease Smoking Ban Allowed?

[Dave Kush]

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

[David Spurlock]

Hey Dave,

Unfortunately, you cannot change the terms a lease mid-way through. You would need to sign a new mutually agreed upon contract/addendum with them. How long do they have left on their lease?  

[Dave Kush]

Thank you. Their lease runs through april, so it's not that much longer. 

The lease makes no mention of smoking either way. That is why I was wondering if I could impose a rule now. But but I can also understand if president takes over here, and they've been smoking in that building for a while.

I suppose we just set the precedent with this new tenant that they are not allowed to smoke in the building, and as soon as the other lease turns over we address that as well. 

[Alecia Loveless]

@Dave Kush Usually you can run a quick question such as this by an attorney free of charge because they are hoping to get your long term business.

If it’s not covered in the lease I see no reason why you can’t say “the insurance company won’t allow smoking” and tell them they have to smoke outside. If they then want to terminate the lease I would do so penalty free.

My insurance doesn’t allow smoking and if I don’t address a problem when I discover it I could be at risk of a policy cancellation or non-coverage if the smoking were to set the building on fire.

This is not legal advice, please consult a lawyer.

[Jonathan Klemm]

Hey @Dave Kush , I'm not sure that changing the lease in the middle will work.

You can ban it in common areas mid-lease, but it is unlikely the case for the specific unit.

Either way, it's a pretty tricky subject...maybe @Mark Ainley can shed some light on issues he had with smoking in Chicago...

[David Spurlock]

Quote from @Alecia Loveless:

@Dave Kush Usually you can run a quick question such as this by an attorney free of charge because they are hoping to get your long term business.

If it’s not covered in the lease I see no reason why you can’t say “the insurance company won’t allow smoking” and tell them they have to smoke outside. If they then want to terminate the lease I would do so penalty free.

My insurance doesn’t allow smoking and if I don’t address a problem when I discover it I could be at risk of a policy cancellation or non-coverage if the smoking were to set the building on fire.

This is not legal advice, please consult a lawyer.

@Alecia Loveless This would be considered an addition to the lease which would still need to be mutually agreed upon. 

@Dave Kush You could always market the property to indoor smokers Lol

[Mark Ainley]

@Dave Kush You can send them a certified letter that it is no longer a smoking building and you would have to use an existing term like quiet enjoyment or not disturbing others to enforce.  No smoking in common areas is already law so you are just enforcing withing the unit which is at question here?

[Nathan Gesner]

Quote from @Dave Kush:

Contact the tenants and tell them they can't smoke inside because it leaks into the neighbor's unit. 

If they continue smoking, you'll have to put up with it until their lease is over.

In the future, make it clear that smoking of any substance is forbidden inside any structure, including garages, storage sheds, etc. Smoking should be outside, at least 15 feet from any window or door. Include a fine for violations, additional fees for mitigating smoke damage (including odors), and whatever else is needed.

[Adam Bartomeo]

What are some of you talking about? You are completely wrong! You CANNOT put everything in the lease, like no dancing on the roof. Are you saying that tenants are allowed to dance on the roof because it is not in the lease and if you tell them not to dance on the roof that you are breaking the terms of the lease? WRONG!

Absolutely, tell them they cannot smoke in the laundry area and post signs. There isn't anything wrong, unethical, or unlawful about that.