This was on my yahoo smokers rights group this morning:

"Today is Monday, January 15, 2007, time: 6:05 P.M. I mention this because as a graveyard shift worker, I should be asleep at this time.

However, normally at this time of day I'm not suddenly faced with eviction papers for...guess what? SMOKING! That's right, even though I refused to sign the part of my lease that called for no smoking, and was given what I thought was a revised lease, I'm being evicted from my apartment on ____ Portland Avenue in Minneapolis because not only wouldn't I lie to my landlord when asked if I smoked in my unit, but I told him that because I never signed any such agreement, I wasn't going to agree to it.

He tried to tell me that I had signed it, but I immediately scanned all the paperwork I signed for my new lease. I never signed any such document. In fact, I told him I couldn't agree to such terms, and would prefer not to move as I had moved twice within the previous year's period. I recall him completely waffling at this, saying something to the effect that they wouldn't make it a problem so long as no other tenants had a problem with it.

Since he bought and took over the building in September, there have been no other tenants on my floor! In fact, I've seen his own maintenance men smoking on the patios of units they were refurbishing. This may explain why I've seen a flurry of maintenance men coming and going around here. What I want to know is, can anyone here point me in the direction of good legal help fighting the unlawful detainer he just served me? Any help would be greatly appreciated!

Thanks in advance,

Xxxx Xxxxxx (name withheld for privacy)
resident, Minneapolis, MN"

This message has been edited. Last edited by: claude zachary,

I suggest you talk to a real estate attorney. You have a lease signed by the current owner that makes no provision for smoking.

If a major portion of the building is vacant it is possible the owner wants to market it as a "non-smoking" building to renters. Another option is he wants to convert the building to condos and does not want to have to offer you a "deal" to buy your unit and again a non-smoking building might play into his future marketing plans.

Talk to a lawyer and protect your signed lease at another location, keep a copy at home for easy reference.

Expect further harrassement.

a landlord can make any new law they want especially to protect their buildings from smoke damage or even fire caused by smokers. Go wash your walls smokers they will be yellow guess from what your smoking imagine your lungs.