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.
Answer
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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