When a smoking caregiver casts a cloud on tenant’s lease

Question: I am disabled and have a live-in caregiver. My landlord recently gave me a 60-day notice to terminate my tenancy. When I asked why, my landlord said he received numerous complaints from other tenants about my caregiver smoking on the property.

What can I do to avoid getting evicted from my home?

Answer: It sounds like your caregiver’s behavior is jeopardizing your tenancy.

Although your caregiver is not considered a tenant under the law, he is still obligated to comply with all applicable lease terms, such as not smoking on the property.

If you believe that your tenancy is in jeopardy because of your live-in caregiver’s behavior, then you should consider hiring a new caregiver who can provide supportive services to you while complying with the property rules.

If you take prompt action to address your caregiver’s violation of property rules (such as hiring a new caregiver), then you can make a strong argument that your tenancy should not be terminated.

If your landlord persists in attempting to evict you even after you’ve taken reasonable steps to ensure the violation of property rules will not occur in the future, then your landlord may be violating your fair housing rights.

Current is fair housing director for Project Sentinel, a Bay Area nonprofit. For more information, contact Project Sentinel at 1-888-324-7468, info@housing.org, visit www.housing.org or contact your attorney or local housing agency.