But if you live in regular apartments, not under federal regulations, the landlord will have to wait for your next rental extension to add a non-smoking policy. It should be illegal for a landlord to change the rules for a tenant after they move in,,,, I have rented by my landlord for 20 years, suddenly he does not allow smoking, the only reason I took this apartment is because he allowed smoking,,,I am a month and I never told a lease my landlord that the complex in which I live will „not smoke“ on January 1st , so I can no longer smoke in my apartment. I`ve lived here for years. Can they do it? But if your written rental agreement is somehow from month to month, the owner could apply a non-smoking policy by giving you a 30-day written message. First, all oral leases are from month to month. If you have never signed a written lease, you have a monthly oral lease. However, in practice, a non-smoking policy requires a written rental contract. There is no right to smoke, so it is legal for homeowners to ban smoking. And they can follow a no-smoking policy after moving in, if they do it correctly.
You must either wait until your lease is renewed or, in subsidized housing, follow HUD procedures to adopt a new rule. This would allow an assisted housing landlord to implement a smoking ban rule until January 1, indicating 30 days after the written notification. Conclusion: Although procedures may vary, an owner who follows them correctly cannot smoke a property. A non-smoking policy would be like a non-ban policy on pets. To be enforceable, it has to be in the lease. If it is not in your rental now, it can only be added once this rental has been renewed. Leases are contracts that cannot be changed unilaterally. A landlord, for example, is no longer allowed to increase the rent in the middle of a lease than to reduce it. In subsidized housing, it is a little different.
HUD regulations allow for home rules that can be adapted locally to complement the HUD rental at the federal level of each tenant brand. These regulations allow for changes to the rules after a 30-day period.