Legal Question in Landlord & Tenant Law in Texas

I moved into my apt on 2/1/13 with a l yr. lease. I asked if smoking was allowed and

was told that it was and there was nothing in the lease saying anything about smoking. On 1/1/14 the landlord issued a new rule banning smoking in apts. but the

lease remained the same. Now the landlord is threatening to ban e-cigarettes in the

apt. Is this legal ? There is no smoke, odor, nor flame/fire. And there is still no

mention of any of this in my new lease, signed and effective as of 2/1/14. I can under-

stand his point regarding regular cigarettes and have no problem not smoking reg-

ular cigarettes in the apt. even though I have a security deposite in place and all

contents are mine. The building is solid concrete so there is very little danger of fire

damage. But I really think banning e-cigs is a violation of my rights. Please answer.


Asked on 1/10/14, 2:11 pm

1 Answer from Attorneys
Mark Dunn Mark D. Dunn

You're right; he can't alter the lease after the fact. He CAN refuse to renew the lease at the end of the term.

Better yet: tell him that will allow him to change the terms of the lease if he will reduce your monthly rent by $150.00.

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Answered on 1/10/14, 3:29 pm


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