How do I deal with smokers in a non smoking building.

Question

I rented to some tenants in September that are chain smokers. Although I didn't personally ask if the tenants smoked as part of my screening process, my lease clearly says no-smoking in the units. And because of how the building is ventilated the smell of smoke carries into the other units. So as a result I've gotten several complaints.

I've already warned them about smoking once before. Whats the best way to deal with this situation? Other than the smoking they are good tenants who pay on time. But the smoking is affecting my other tenants. I'd hate to have serve them a notice to vacate because of a bad habit.

What would you do?

Roy N. · Answer

I would think this is pretty straight forward:

1) Lease says "no smoking" on property;

2) Neighbour complains of smoke - visit offending tenant, show them the clause in the lease and explain if it continues, they are moving.

3) When next offence occurs, serve notice.

Joel Owens · Answer

Some smokers will smoke outside if you request it. Being your in MA it gets colder there more months of the year then hot so the smokers likely will just smoke indoors or leave the door cracked than be cold with their habit outside.

The heavy smoke will do a bunch of damage to your unit over time. Not to mention all ducts will have to be cleaned. You could rent the other unit to smokers as well if your current tenants who do not smoke vacate and charge more money (monthly rent) for the extra damage.

If your tenants before the smokers who are there have been there a long time and paying you do not want to lose them. There is no perfect answer to this problem. Each different class or type of tenant has pluses and minuses.

Jennifer A. · Answer

I think you'll need to figure out if you are willing to lose your other tenants and deal with the smoke damage all to keep these smokers. Even though they are "good" tenants, you've asked them to stop once as they are violating a lease, they have not stopped. If I were another tenant in the building, I'd be leaving if the smoking doesn't stop.

Samson Kay · Answer

Image didnt post. Basically the clause reads as follows:

1.DISTURBANCE, SMOKING, NOISE, ILLEGAL USE: Neither the LESSEE nor his family, friends, relatives, invitees, visitors, agents or servants shall make, permit or suffer any disturbing noises or vibrations by means of a human voice, radio, phonograph, stereo, television, piano or other musical instrument or other device or form of technology of any description within the building or Premises, nor commit or permit any nuisance to exist thereon, nor cause damage to the building or Premises, nor create or permit any substantial interference with the rights, comfort, safety or enjoyment of the LESSOR or other occupants of the same or any other apartment in the building, nor make any use whatsoever thereof than as and for a private residence. For purposes of this Section, any unreasonable noise or vibration from within a Unit that can be heard or ascertained within another Unit shall be deemed a disturbing noise or vibration. Neither the LESSEE nor his family, friends, relatives, invitees, visitors, agents or servants shall loiter in nor shall cause or permit any disturbing noises or vibrations to be heard in any common area or facility inside or outside of the building of which the Premises are a part.The LESSEE is not permitted to smoke any substance in, on, or around the Unit or building. No LESSEE or his family, guests, agents, or servants, shall make, permit or suffer any smoke or other odor, whether from a cigarette, pipe, cigar, cooking, cleaning, or other source, to be transmitted from his Unit to the common areas and facilities or to another Unit.

Samson Kay · Answer

Yes. See attached

Jon Holdman · Answer

Sounds like this might be your first eviction. I'd recommend finding an attorney who specializes in evictions and landlord/tenant law and let them advise you on the details of the process.

Roy N. · Answer

@Samson Kay

The good news is these new tenants have not been in the unit long enough for their smoking to affect serious damage. On the flip side, the longer they stay the more costly will be the cleanup after they are gone ... not to mention they may be responsible for turnover in other units.

If you need to ask them to leave, then I would hire a professional cleaning company to scrub the entire unit and most certainly deduct this from their security deposit.

Samson Kay · Answer

Also, does a 14 day notice to quit seem acceptable because of the lease violation?

Samson Kay · Answer

OK, as far as eviction, what recourse do I have?

Loss of deposit? Or only a portion of the deposit to do the repairs/cleaning?

How do I deal with smokers in a non smoking building.

How do I deal with smokers in a non smoking building.

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