Legal Question in Landlord & Tenant Law in Missouri

property vs. premises

When a lease states no smoking inside the property, does that include the entire premises or just inside the house? After 3 1/2 months the landlord is now trying to say that inside the property is now the yard, porch, garage, basically the entire outside grounds and inside the house. Basically, how do you define inside the property?


Asked on 8/26/08, 6:42 pm

1 Answer from Attorneys
Anthony DeWitt Bartimus, Frickleton Robertson & Gorny, PC

Re: property vs. premises

It depends on how the lease is worded. Certainly if the landlord had wanted to restrict smoking only inside the house he could have said inside the house. By banning smoking from the property (obviously a broader term than "the house") the landlord could certainly have meant that no smoking was permitted on the grounds. A landlord can legally make such a restriction in much the same way as he can limit you to not having pets, etc.

If you do not agree with the landlord's interpretation, he could evict you. Sounds like it is time for you to give up the evil weed.

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Answered on 8/27/08, 10:22 am


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