Me lease states smoking is grounds for eviction. The property manager says he will not attempt eviction stating that a judge will simply dismiss it in the state of Texas. Is this statement he's giving me true?
It all depends on what your lease says -- if your lease prohibits smoking and you smoke, you are in breach and there may be remedies available to a landlord besides eviction. Consult an attorney for a thorough review of your lease.
A breach of contract is a breach of contract.
DISCLAIMER: Brandy A. Peeples is licensed to practice law in the State of Maryland. This answer is being provided for informational purposes only and the laws of your jurisdiction may differ. This answer based on general legal principles and is not intended for the purpose of providing specific legal advice or opinions. Under no circumstances does this answer constitute the establishment of an attorney-client relationship. For legal advice relating to your specific situation, I strongly urge you to consult with an attorney in your area. NO COMMUNICATIONS WITH ME ARE TO BE CONSTRUED AS ARISING FROM AN ATTORNEY-CLIENT RELATIONSHIP AND NO ATTORNEY-CLIENT RELATIONSHIP WILL BE ESTABLISHED WITH ME UNLESS I HAVE EXPRESSLY AGREED TO UNDERTAKE YOUR REPRESENTATION, WHICH INCLUDES THE EXECUTION OF A WRITTEN AGREEMENT OF RETAINER.
Real Estate Attorney
I agree with the previous answer and I would caution you to never take legal advice from your landlord.
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Thank you for your question. The property manager's statement is overly broad. I agree with the other responding attorney: if it is in the lease, then you can be evicted for breaching the term of the lease. However, the property manager may have had some experience with the justice of the peace in your precinct and knows that the JP will not enforce that particular provision of the lease. All of that aside, I can almost guaranty you that by smoking in your apartment, the landlord is going to keep your deposit.