Smoking as grounds for eviction.

Asked 10 months ago - Denton, TX

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?

Attorney answers (3)

  1. Jacob Douglas Thomas

    Contributor Level 10


    Lawyers agree

    Answered . 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.

  2. Brandy Ann Peeples


    Contributor Level 18


    Lawyers agree

    Answered . 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... more
  3. Shawn B Alexander


    Contributor Level 20

    Answered . I agree with the previous answer and I would caution you to never take legal advice from your landlord.
    Good Luck

    If this answer was helpful, please mark as helpful below. Please be sure to indicate the best answer Only If and... more

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