Washington, NJ asked in Landlord - Tenant for New Jersey

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

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1 Lawyer Answer
Morris Leo Greb
Morris Leo Greb
  • Landlord Tenant Lawyer
  • Rockaway, NJ
  • Licensed in New Jersey

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

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