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I live in NJ in one of two apartment complexes owned by the…

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I live in NJ in...
I live in NJ in one of two apartment complexes owned by the same father & son. On January 19 we all received letters saying that on March 1 both complexes would become smoke free, no smoking in the apartments, on balconies, on sidewalks, or in the parking lot. We are wondering what the laws are based on what is in current leases, how much notification (if any) has to be given for any changes to the lease, and can they actually prohibit people from smoking in the parking lot, or on the sidewalks? They have threatened to evict anyone that breaks this new rule.
Submitted: 6 years ago.Category: Landlord-Tenant
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3/1/2012
Lawyer: insearchoftheanswer, Lawyer replied 6 years ago
insearchoftheanswer
Category: Landlord-Tenant
Satisfied Customers: 57,225
Experience: Lawyer; developer/owner of RE developments.
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Good afternoon. They actually cannot, unless there is a local ordinance that requires them to change, unilaterally change the terms of your lease during the lease term. It's no different than you calling them up and telling them that as of March 1, you have decided your rent needs to change. They would respond that you have a binding lease and must adhere to it. You have the same rights here. They can decide not to renew your lease, but they cannot terminate you mid-lease term.

 

 

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Please be aware that the information provided here is not legal advice. Rather it is simply general information. All states have intricacies in their laws and any information given is simply information only and specifically is not intended to be, nor does it constitute, legal advice. This communication does not establish an attorney-client relationship with you. I hope this answer has been helpful to you.

 

insearchoftheanswer
Category: Landlord-Tenant
Satisfied Customers: 57,225
Experience: Lawyer; developer/owner of RE developments.
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Customer reply replied 6 years ago
OK, if a new lease is signed what would be the rights in the parking lot/outside areas? The parking lot is open (garden style apartments),
Lawyer: insearchoftheanswer, Lawyer replied 6 years ago
If you sign a new lease, they do have the right to restrict smoking in any common areas....including the parking lots and open space.
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