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The upstairs tenant has a NO SMOKING clause in her lease and we smell smoke in our apartment. Can we apply to evict her because of this?

A

The upstairs tenant has a NO SMOKING clause in her lease and we smell smoke in our apartment. Can we apply to evict her because of this?

You can issue a Form N5 based on the reason that she is interfering with the reasonable enjoyment of the premises by the landlord and/or other tenants and not complying with the agreement.

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