Montreal landlords seek right to kick out smoking tenant
Last Updated: Saturday, December 1, 2007 | 12:51 PM ET
The Canadian Press
Owners of a Montreal apartment building are hoping to overturn a decision that prevents them from kicking out a tenant for smoking.
Tenant Sandra Fowler argued before a Quebec court judge Friday that she has the right to smoke in her apartment because there is nothing in her lease that says she can't.
Landlords Matthew Newland and Olesia Koretski say Fowler filled out a separate form in August 2006 that warned smokers were not welcome.
Fowler indicated she didn't smoke on the form. She says she didn't see the question.
The landlords testified Friday that when they smelled smoke and found cigarette butts, Fowler originally denied they were hers.
Newland and Koretski lived in the apartment below and say they wanted a smoke-free environment because Koretski was pregnant at the time and is asthmatic.
Quebec's rental board upheld Fowler's right to smoke in a decision handed down last summer.
A Quebec court judge is to rule in the coming months if the form has any legal bearing on the lease.
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