Chicago Tenant Smoking Outdoors

[Frank S.]

Hello,

The Lease reads,

No Smoking is allowed in the apartment; the premise is a non smoking unit.

Based on this, can a tenant smoke outside in the porch and in the back yard by claiming that outside or the front porch is not "the apartment" and not the "premise". This is a two story building, open porch, non-owner occupied in Chicago.

The smoke gets in through the windows upstairs, and through the floors. The tenant may also be smoking inside. 

Because of this issues, can the tenant upstairs claim "nuisances", or "constructive eviction", or "terminate the Lease". I would have to agree that this is very annoying. 

What do you think?

[Jason Albasha]

Whatever action you plan on taking, I'd send the lease and complaint to your lawyer and get their input first. 

[Frank S.]

What is exactly "the premise unit"?

[Nicole Heasley Beitenman]

"The premise" should be clearly defined at the beginning of the lease.

[Frank S.]

Originally posted by @Nicole Heasley Beitenman:

"The premise" should be clearly defined at the beginning of the lease.

I have the building address. I reached out to my attorney.