BiggerPockets

You have it in the lease that smoking inside of the unit or property is a violation of the lease and the tenant will be subject to damages.

If they smoke on the back patio or outside it's not that big of a deal.

The problem is when it gets cold outside they will smoke in the garage or crack the door to the outside while smoking inside.

They will also crack the window to the bedroom hoping you won't notice.

We do an inspection once a month.In the lease we can check at any time for maintenance issues.I don't keep the same time each month this way it keeps the tenants on their toes.

When they know you can show up at any time it keeps them on their best behavior.

You cannot do an unannounced inspection once a month. Tenants must be provided the notice required by state law prior to you entering their property. Unless, of course, they give permission, which means that if they have anything they don't want you to see they'll just tell you to bounce and there's nothing you can do.

Also, having lived in several multi-hundred unit complexes, and working at several more, I assure you that most maintenance teams have much more to do than inspect every apartment monthly.

I do recommend periodic inspections to check for maintenance issues, but to think you're going to surprise anyone after having to give notice to enter seems a bit crazy.

To the OP, I would not consider it a problem if the tenants are smoking outside. It could have been a friend or something even. Follow Brian's advice and have a quick chat with them the next time you see them. If they are smoking, and it's not in your lease, there's probably not much you can do other than threaten to evict for lying on your application. They'll just say they picked up the habit though.

I think you may have misunderstood me.

I did not mean to imply the landlord cannot enter the unit if the tenant does not allow it. I only meant they cannot do so if the visit is unannounced. If you have given the notice required by law, then you are legally able to enter the unit. My point was that by giving notice, you are giving the tenants time to clean up whatever it is you are hoping to catch.

Hey Marc,

No problem.

Each state is different.Georgia is very pro-landlord.In some other states you have to wait months to get them out.Here is from the Georgia Housing Authority.

"Is my landlord allowed to enter the apartment without notifying me first?
A tenant has the right to the exclusive use of the lease premises. Unless the lease states otherwise, the landlord can only enter the property if entry is necessary to cure a dangerous condition, prevent damage to the unit, or respond to an emergency on the premises. There is no legal requirement that a landlord notify a tenant prior to entering the unit in such emergency circumstances."

My state is quirky with the laws.Here we have the "Georgia landlord tenant act".If you have 10 units or less however the act doesn't apply to you. The exception is if you are a licensed real estate individual or you are using a property manager and not doing it yourself.

So in Georgia you can enter the premises even without notification.Obviously I am not knocking on their door at 10 p.m. at night unless they call with an emergency.