Eyad Ahmad
04-05-2008, 02:45 AM
I rented a studio in a building in Honolulu in March 2008, the online ad, my lease terms and the house rules didn't mention that smoking is prohibited within my unit but did mention that smoking is prohibited in common areas according to a state law, after I signed the lease and moved in I received a letter from the property management dated August 2007 stating that smoking is prohibited within my unit, then received a call from the admin assistant of property management informing me about a complaint that I was smoking within my unit, I told her that there wasn't anything prohibiting smoking within my unit in the ad, lease and house rules, she was surprised! she checked and called me back offering me to work out releasing me from my one year lease. I like my unit and I do not want to move out, is there any legal action they can take to evict me?
Here is the state law about smoking in the residential properties:
APARTMENT COMPLEXES AND MULTI-UNIT RESIDENCES
SCOPE:
The common areas of apartment or condominium buildings or complexes (such as lobbies
and hallways and other areas used by all residents) are subject to the smoking prohibitions
in enclosed or partially enclosed areas open to the public.
Note: Owners of apartment buildings and condominium associations may adopt a policy
which designates all or part of a building as smoke-free, including individual apartments
and condominiums. Owners may include a lease provision prohibiting smoking
in a rental unit. Owners also may adopt a policy to regulate or prohibit smoking in outdoor
locations on the property.
Note: Tenants with certain physical impairments may have other legal remedies available
to prevent drifting smoke from entering their residences. Individuals with disabilities as
defined under state or federal law (which could include asthma under certain circumstances)
are entitled to reasonable accommodations and/or modifications of policies
from their landlords to ensure equal access to and enjoyment of their housing
Here is the state law about smoking in the residential properties:
APARTMENT COMPLEXES AND MULTI-UNIT RESIDENCES
SCOPE:
The common areas of apartment or condominium buildings or complexes (such as lobbies
and hallways and other areas used by all residents) are subject to the smoking prohibitions
in enclosed or partially enclosed areas open to the public.
Note: Owners of apartment buildings and condominium associations may adopt a policy
which designates all or part of a building as smoke-free, including individual apartments
and condominiums. Owners may include a lease provision prohibiting smoking
in a rental unit. Owners also may adopt a policy to regulate or prohibit smoking in outdoor
locations on the property.
Note: Tenants with certain physical impairments may have other legal remedies available
to prevent drifting smoke from entering their residences. Individuals with disabilities as
defined under state or federal law (which could include asthma under certain circumstances)
are entitled to reasonable accommodations and/or modifications of policies
from their landlords to ensure equal access to and enjoyment of their housing