With 11 mo. remaining on my 1-year lease, Landlord demands that 150 tenants sign addendum to prohibit smoking anywhere on property; unit, patio, balcony or grounds. If I refuse can I be subject to eviction. Property built with Federal Tax credits about 10 years ago.
Unless there is a provision in your lease that allows the landlord to make unilateral changes to the lease, no, the landlord cannot do that. That would be an unusual provision and questionable of enforcement.
I am no fan of smokers but, if you are a smoker, do the best you can to comply, grounds, common areas, etc., but I don't recommend you sign the addendum. Is there something in the lease about rules not included in the lease and did you get a copy? Read the lease and see what is says.
I recommend that you read Texas Tenant Rights prepared by the Texas Attorney General, whch can be downloaded at https://www.texasattorneygeneral.gov/cpd/tenant-rights. There are some forms you might find helpful at https://guides.sll.texas.gov/legal-forms/landlord-tenant. There is no charge for these publications. They are not a substitute for advice from an attorney. You can access all Texas statutes at https://statutes.capitol.texas.gov/ or https://codes.findlaw.com/tx/
I have practiced law for over 40 years and currently reside in Colorado. I am licensed to practice in Texas and Colorado. For the most part, I practice in the area of estate planning, which includes drafting wills and powers of attorney, guardianships, probate, real estate, and related issues. My response to your question does not create an attorney-client relationship with me or any attorney. My response is based on the information provided.
Years licensed, work experience, educationLegal community recognition
Peer endorsements, associations, awardsLegal thought leadership
Publications, speaking engagementsDiscipline