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Enforcing A Non-Smoking Apartment Lease 

Jump to full article: KUTV CBS 2 (Salt Lake City, UT), 2007-08-06
Author: Get-Gephardt


The Apartment Rental Contract is pretty clear: No smoking! And it was a Pleasant Grove tenant who decided to Get-Gephardt when she moved in, and cigarette smoke was coming into her apartment.

For some people, cigarette smoke is a health risk, for others, it just stinks, and they'd rather do without. And that's why this Pleasant Grove apartment complex set aside some buildings for non-smokers. But it looks like some smokers moved in. . . .

"The landlord has the responsibility, to tell the tenants that they who are smoking can no longer smoke, or to force them to vacate the premises, or to find a place within that building complex that permits smoking,” said Marty Blaustein.

And that is exactly what is going on at building number 7 because the managers here say they take their non-smoking policy seriously, for one of the tenants, they say they're relocating them to another building where smoking is permitted, for a second, they're giving notice, and for a third, they're preparing to give notice.

But, Julie, under the law, sometimes it takes time for landlords to enforce their own rules.

There is no requirement that Landlords in Utah provide non-smoking, but when they do to attract non-smoking tenants, they must stand by the rules until the leases are up.

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