Legal Question in Landlord & Tenant Law in Illinois

Is it possible to be evicted in DuPage County, IL for smoking in your apartment? The landlord was aware that I am a smoker and it is not a non-smoking building, which I've lived in for 3 years, but due to recent neighbor complaints, I'm afraid this may be a problem. I also do not have a lease and am paying rent month to month. I have put fans in the windows at the neighbors request.


Asked on 7/05/12, 4:11 pm

1 Answer from Attorneys

Just because you are smoker and the landlord knew it does not give you the right to smoke in he building or apartment if that's a rule. If you have to go outside or to a designated area (if any and none is required by law), that's your problem. HOWEVER, if the landlord has allowed you to smoke in the apartment for 3 years, during which you have signed lease renewals that also say it is a non-smoking building, at this point the landlord SHOULD give you notice that because of neighbor complaints you will be responsible to strictly comply with the no smoking rules on a going forward basis before the landlord can formally evict. If the landlord gives you a notice you should have an attorney look at it because if it doesn't give you the chance to stop smoking in the building/apartment after this length of time, the notice may be improper.

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Answered on 7/06/12, 9:27 am


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