Q: Is this notice legal? Can an Apartment Complex refuse to renew lease if you continue to smoke off property?
Dear Tenants:
We were informed that Zion Way apartments will soon become a non-smoking apartment complex. We encourage you to quit smoking so that when the times comes you will be able to stay in your apartment. If you have not quit smoking when the nonsmoking rule becomes effective, you will be given the opportunity to quit until your lease comes up for yearly renewal. If you are still smoking when you lease comes up for renewal, we will not renew your lease.
We appreciate your help in this matter.
Sincerely, Management
A:
The short answer is "yes" this is legal.
The lease is a contract between you and landlord. The term of the contract is stated in the lease. After the term of the contract expires it has to be ratified or renegotiated by the parties. Landlords can discriminate (refuse to rent to) based on certain behaviors but not ones protected by the fair housing act (race, religion, gender, and age). They can discriminate based on the fact that someone is a smoker or a non-smoker.
They are not evicting you, they are only choosing not to renew the lease with you. They have the right to do that.
I hope this helps.
Wes
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