On my apartment lease,I am told that I have to smoke outside the apartment.I have never been told otherwise.today they posted signs stating that we are to not smoke on the property at all.we have not been given anything in writing.I am still smoking outside of my apartment,because I have received not received a change in lease policy.these apartments are ran by the USDA.
The police needs to be either in the lease or in a written policy that is incorporated by reference into the lease. The default is that the leasehold estate belongs to the tenant and the tenant can use it completely as long as he or she doesn't cause any "waste" to the landlord's interest in the real estate. Of course, this is expressly modified by the terms of the lease and any restrictions that are written into the lease. So in short, without something in writing, no they can't tell you that you can't smoke anywhere on the property. However, if you test them, they might try and evict you and then you would have to defend yourself at an eviction hearing defending this position, which could get expensive. So, although your instincts are correct, it may not be worth it to follow them.
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