Can I be evicted for smoking inside my apartment if it's not prohibited in the lease?

Question

State is Virginia, it is not section 8, and to be clear I am referring to cigarettes.

Not prohibted in the lease might be the key words but in case I need to elaborate, I will.

Earlier this month, the day before the move in, I was sitting in the office with the property manager, and she was walking me through the lease page by page as I initialed each section and signed at the end.

As we were going through everything, I noticed it didnt mention no indoor smoking, so I asked her, is smoking prohibited?

Stupid question I know, why did I mention an undesirable behavior when its not in the lease, if I hadnt mentioned it I could mention the lease later if anyone says anything and be able to claim total ignorance of such a rule.

But I did ask the question, and her response was: "Yes, indoor smoking is prohibited, but you are free to smoke outside your unit."

As she stated her answer, I had already noticed that it's not in the lease, but I didnt argue that point with her because I hadnt finished signing everything yet, and I was afraid that if I pressed the issue before I was officially a tenent, that she might change her mind about renting to me.

But the only place in the lease where it mentions smoking at all is in the fire prevention section where it says to avoid smoking in BED.

But now that I am in, can they evict me for it, or in the absense of it being in the lease, would her words carry no weight?

Answer 1

No they cannot evict you for violating a policy that is not in the lease. Make sure it is not covered in a separate pudendum stating rules or posted anywhere around the property. If they wanted it to be no smoking then they should have put it in the lease.

Answer 2

The property rules can be separate to the lease terms, and can include a ban on smoking. You were also advised directly.

Answer 3

They will not renew lease and charge you for all damages the smoke causes.

Answer 4

No.

Answer 5

Only a judge can evict. The landlord can file to evict for any reason. Even though it's not in the lease, if you are facing a judge and the landlord states that prior to signing the lease, you asked if smoking indoors was prohibited and you were told yes, are you going to commit perjury?

Answer 6

Of course they can. And, you will have a huge bill to pay too, for the damages that smoke causes. All of the walls would have to be cleaned, Kilz, and then painted, just to remove the stench, and everything else thoroughly cleaned too. A $2,000 charge would not surprise me in a small one bedroom. A lease cannot possibly state every policy. You have to follow not just the lease but the landlord's policies as well.

Answer 7

I'm sure you've looked up Virginia state laws so I won't.



If it's not in the lease, then they would not be able to evict. They could, however, hold back some or all of your deposit (and charge you more if needed) if the unit was not returned in the same condition, including smell, as it was provided to you.

Answer 8

I'm not a lawyer or legal expert, but I believe it has to be "written" in the lease. You and the landlord are bound by the lease agreement, any amendments to it must be in writing.

Answer 9

Does the lease mention anything abput causing damages to the property?



Im betting it does.



And smoking causes damages. The lease might not specifically mention smoking, but I'm betting that is also doesnt specifically say you cant spray paint grafitti all over the walls. But the section on damages would cover both of them.



If you dont follow the managers rules, I see three possibilities:



1. Plan on being out the day your lease expires, renewal will be out of the question.



2. They go to court and request permission to evict based on the damages clause.



3. They decide that the fines for an illegal eviction will be less than the cost of repainting and recarpeting, so they change the locks and move your stuff outside.