Q: I am a smoker and my lease says no smoking in the apartment. I smoke only outside now I’m getting evicted smell smoke
My lease says no smoking so I do outside. After living here for 10 months someone is now smelling cigarettes smoke. The landlord has talked to me several times and I’ve told them only outside never inside. She said if she still gets complaints she will evict me. How can I prove I’m not doing something? Complaining happens also when I’m not even home. Advice would be very helpful and appreciated
A: Since, in addition to a request for an answer to you query, you also ask for advise, it would be best for you personally to stop smoking. In response to the issue of eviction, the NJ statutes set forth the requirements for an action to evict a tenant that must be followed prior to filing a complaint. Depending on the alleged basis for filing a complaint, certain notices must be sent to you. If the complained smoking odors continue, then the landlord can file a complaint. You must be served with a copy of the complaint and summons. This sets forth the date of the hearing. You must attend in order to present you position in opposition to the allegations in the complaint. The burden of proof is on the plaintiff landlord. The landlord cannot evict you without obtaining a court order
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
