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I have lived in my apartment complex for almost 10 years and…

I have lived in...

I have lived in my apartment complex for almost 10 years and smoking was allowed. Hubbell bought the complex and now we can't smoke in our apartments. Is there not a grandfather on these matters?

Lawyer's Assistant: What state are you in? It matters because laws vary by location.

South Dakota

Lawyer's Assistant: Has anything been filed or reported?

I don't know

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Yes. I am not opposed to non smoking properties, but we were not warned beforehand. Plus when residents leave they completely redo the units including flooring, kitchen cabinets, paint and much more. If that will be done, what's the big deal about me smoking in my own home?

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Answered in 37 minutes by:
11/17/2017
Barrister
Barrister, Attorney
Category: Legal
Satisfied Customers: 43,101
Experience: 17 yrs practice, Civil, Criminal, Domestic, Realtor, Landlord 26 yrs
Verified

Hello and welcome! My name is ***** ***** I am a licensed attorney and will try my best to help with your situation. There may be a slight delay in my responses as I type out an answer or reply.

.

Did the landlord send out any written notice about a change in the rules of the complex?

.

Are you under a written fixed term lease or are you month to month?

.

If they sent a notice, how much time did they give before it went into effect?

.

.

thanks

Barrister

Barrister
Barrister, Attorney
Category: Legal
Satisfied Customers: 43,101
Experience: 17 yrs practice, Civil, Criminal, Domestic, Realtor, Landlord 26 yrs
Verified
Barrister and 87 other Legal Specialists are ready to help you
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Customer reply replied 9 months ago
No notice was given. I never signed my lease, which I think the landlord forgot. I found out verbally from the landlord.
Olivia Kent
Olivia Kent, Managing Partner
Category: Legal
Satisfied Customers: 4,605
Verified
Phone call session started

Ok, if you are a month to month tenant, then the landlord can change the rules, but they have to do so legally. And that requires a written 30 day notice of the change in terms before it becomes effective.

.

If the landlord has never given a formal 30 day notice of a change in the terms of the tenancy (i.e no smoking) then the notice is not legally effective and you can ignore it. Verbal notices are not legally binding.

.

As an aside, in addition to being an attorney, I have also been a landlord for over 26 years...

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.

thanks

Barrister

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Customer reply replied 9 months ago
she told me verbally about 2 months ago. Then today I was threatened with infractions if she thinks I'm still smoking.

It doesn't matter legally... she can tell you every day verbally and it means nothing... Landlords are bound by the law the same as tenants and have to follow the laws that control their actions.

.

So until the notice comes in writing giving at least 30 days, you can tell her to go jump in the lake..

.

.

thanks

Barrister

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