I've lived in this building for 5 yrs. They just posted a note in the elevator you can only smoke on your balcony or

Expert's Assistant chat
Customer: I've lived in this building for 5 yrs. They just posted a note in the elevator you can only smoke on your balcony or outside. Is this legal
JA: What state is the property located in? And has anyone consulted a local attorney about this?
Customer: Hamilton,On and no about attorney
JA: What are the terms of the lease? Any issues related to maintenance or upkeep?
Customer: It wasn't on the lease 5 yrs. ago pertaining to a none smoking building.
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: no
Answered by ToLawyer in 5 mins 1 year ago
imglogo
ToLawyer
10+ years of experience
logo

7530 Satisfied customers

Expert in: Family Law, Legal, Estate Law, Real Estate Law, Criminal Law, Employment Law, Business Law, Consumer Protection Law, Bankruptcy Law, Traffic Law, Personal Injury Law.

logoBack
logologo
ToLawyer
logo
logo
7530 Satisfied customers
logo
10+ years of experience
imglogo
ToLawyer
10+ years of experience
logo

7530 Satisfied customers

Jessica

Jessica

Consultant

31,131 Satisfied customers

Pearl avatar
Lawyer's, Assistant
116 Lawyers are online right now.
img

ToLawyer, Expert

Welcome and thank you for choosing Just Answer, an independent paid Q&A service! My name is***** am a lawyer in Canada and would be happy to assist you.

Please be advised that I am working from my computer and may not always be available immediately. Rest assured, I will get to your response as fast as I am able.

img

ToLawyer, Expert

Hi there, is there a lease agreement?

Customer
Hi
img

ToLawyer, Expert

Does the lease agreement say anything about smoking (the most recent one you executed)?

Customer
no been that way for 5 yrs. It's a smoking building since it was built.
img

ToLawyer, Expert

Does the landlord own the entire building?

Customer
Hi
img

ToLawyer, Expert

The landlord might be able to do that if another tenant complaining about health and safety concerns where the smoke is going through into those vents.

This technically may be seen as a change of the lease.

Customer
he owns this and many more in the Hamilton area
Customer
There aren't any vents hot water rads. the vent in the bathroom is blocked off
img

ToLawyer, Expert

I see. This may not be legal, but the landlord may still be able to do an eviction proceeding if your actions (of smoking inside) is compromising the health and safety of the other tenants (i.e., your smoke goign throguh the vents).

Customer
Will he have to the lease to none smoking
Customer
change the lease
Customer
there are no vents
img

ToLawyer, Expert

Yes, he will have to change the lease to non-smoking. This could be an illegal amendment.

Customer
I just heard the new leases are none smoking but we should be grandfathered in till we move. correct?
img

ToLawyer, Expert

Correct, it does not matter what the new leases say, as long as you did not sign a new one, your rules are set by the lease you executed.

Customer
if I renew my lease I'll have to read it to see if it says none smoking
img

ToLawyer, Expert

Exactly. once you sign a non-smoking lease, you will be bound by that.

Customer
Thanks for your help. This pisses me off. I haven't been late in 5 yrs. on my rent. A-Holes
img

ToLawyer, Expert

You are welcome. Anything else I can help you with today?

Customer
No and Thanks
img

ToLawyer, Expert

You are welcome!

I understand legal issues may be frustrating, but I hope I was able to provide a little clarity here.

Thank you for trusting us here at JustAnswer. If you have a new question in the future and would like to engage me again, please do not hesitate to request for me directly by going to https://www.justanswer.com/law/expert-jc222/?rpt=3800 and typing - "This is only for JC" and I will get to you as soon as possible!

And of course, if you have any follow-up questions, please do not hesitate to continue typing them here.

Ask a lawyer and get your legal questions answered.
See all Legal Questions
img
Related Legal Questions
How it works
logoAsk for help, 24/7
Ask for help, 24/7
Members enjoy round-the-clock access to 12,000+ verified Experts, including doctors, lawyers, tech support, mechanics, vets, home repair pros, more.
logoExpert will respond in minutes
Expert will respond in minutes
After you reach out, we match you with an Expert who specializes in your situation. Talk, text, chat, whichever you prefer.
logoSave time & money
Save time & money
No scheduling hassles, missing time from work, or expensive consults.
A JustAnswer membership can save you significant time and money each month.
img
logo 593 Verified lawyers, 10+ years of experience
DISCLAIMER: Answers from Experts on Askalawyeroncall.com are not substitutes for the advice of an attorney. Askalawyeroncall.com is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response as proposing specific action or addressing your specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances should be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on any information received from an Expert, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains. The responses above are from independent, freelance Experts, who are not employed by Askalawyeroncall.com . The site and services are provided “as is”. To view the verified credentials of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service.
Explore law categories
Powered by JustAnswer