What would you do?
Boerne, TX · Member since 2020 · 36 posts · 24 votes
What would you do?
Most Popular Reply
Michele FischerPro Member
Rental Property Investor · Seattle, WA · Member since 2013 · 2k+ posts · 1k+ votesI would do a maintenance inspection to get an idea of how much damage has already been done. If you can move a photo on the wall or something to see if there is nicotine on the walls. If the place is pretty far gone, may as well keep the smoker and not enforce the lease. You could send a notice of violation and that the deposit is likely forfeited, or somehow ackowledge that you know and there are consequences. Knowing and ignoring implies consent.
If the place is not in bad shape, it might be better to enforce the lease. You would deliver whatever documentation your area requires for a lease violation. The intent is to get them to stop and/or explain why you won't renew the lease, eviction is probably not worth it.
Regardless you will have more work to do after they move out to make your unit appear/be non-smoking again, so plan on extra time.
Have strong language in the lease.
Our rental agreement:
Smoking Policy: The Premise is to remain a smoke free environment. Smoking is prohibited indoors and within 25 feet of all structures. By signing the Agreement, Tenant acknowledges that they have been informed of this policy, and will comply. Residents are responsible for ensuring that family members, roommates and guests comply with this rule. Furthermore, if there is evident damage which indicates that there was smoking on the Premises (ie. Cigarette burns; non-smoker smelling smoke odor; stains on the walls and ceilings, etc.), the Tenant will be responsible to pay for the costs incurred to repair these damages and return the unit to pre-occupancy condition.
6 Replies
- 3yMichele FischerPro MemberRental Property Investor · Seattle, WA · Member since 2013 · 2k+ posts · 1k+ votes
I would do a maintenance inspection to get an idea of how much damage has already been done. If you can move a photo on the wall or something to see if there is nicotine on the walls. If the place is pretty far gone, may as well keep the smoker and not enforce the lease. You could send a notice of violation and that the deposit is likely forfeited, or somehow ackowledge that you know and there are consequences. Knowing and ignoring implies consent.
If the place is not in bad shape, it might be better to enforce the lease. You would deliver whatever documentation your area requires for a lease violation. The intent is to get them to stop and/or explain why you won't renew the lease, eviction is probably not worth it.
Regardless you will have more work to do after they move out to make your unit appear/be non-smoking again, so plan on extra time.
Have strong language in the lease.
Our rental agreement:
Smoking Policy: The Premise is to remain a smoke free environment. Smoking is prohibited indoors and within 25 feet of all structures. By signing the Agreement, Tenant acknowledges that they have been informed of this policy, and will comply. Residents are responsible for ensuring that family members, roommates and guests comply with this rule. Furthermore, if there is evident damage which indicates that there was smoking on the Premises (ie. Cigarette burns; non-smoker smelling smoke odor; stains on the walls and ceilings, etc.), the Tenant will be responsible to pay for the costs incurred to repair these damages and return the unit to pre-occupancy condition.
- Honolulu, HI · Member since 2008 · 3k+ posts · 2k+ votes3yAloha,
What does your Rental Agreement or House rules state regarding a penalty for violating the terms of the Agreement? What does local law state regarding required X days notice to cure a breach of the Rental Agreement? Those should guide you as to how to give proper notice. You need to be firm but fair, and especially need to be consistent, in enforcement of all the terms of your Agreement based on local laws.
You also need to know how much notice is required to NOT renew or to make an increase. Regardless of action you take regarding a notice of breach, you still should non-renew. That will give you the opportunity to fix your Rental Agreement if it does not provide for a useful penalty for not adhering to the terms. There is no need for an eviction, unless local law restricts your non-renewal in some way.
You really do not want a long term, heavy smoker at any price. a 2 BR should be pretty easy to fill if it shows well and is located reasonably. Make it clear at every step that this is a No Smoking property...in ads, at showings, as a line item Notice on your application along with other critical elements such as "rented as shown, no additional cleaning, cosmetics, or repairs will be performed prior to move in without written agreement", and again within the Rental Agreement itself and any separate "House rules" that might be posted on the property or as addendum to the RA. - Member since 2020 · 66 posts · 43 votes3y
Quote from @Michele Fischer:
You could send a notice of violation and that the deposit is likely forfeited, or somehow ackowledge that you know and there are consequences. Knowing and ignoring implies consent.
This is good advice. As a landlord we must keep track record of communication with tenants. The tenant could have a case that permission was implied by allowing it to happen. Do you use on online template to give tenants notice of a lease agreement infraction?
- Real Estate Broker · Cody, WY · Member since 2010 · 28k+ posts · 41k+ votes3y
It's too late to bother with it. Notify them that the lease will not renew/extend and that they will be charged for odor removal, cleaning, or whatever is required to return the unit to its original condition.
The DIY Landlord Book4.7247 Reviews - Rental Property Investor · Milwaukee, WI · Member since 2013 · 281 posts · 133 votes3y
I have been on both ends so I have some sympathy for the renter. I also have had to clean up behind smokers. Anyway in your case its to late the damage is done I would go with your 1st option raise there rent and add enough security to cover the damage and have them sign a new lease. Sometimes the rules don't cover all human behavior smoking is a horrible addiction, and shelter is a necessity.
- Boerne, TX · Member since 2020 · 36 posts · 24 votes3y
Thank you, Michele, Richard, Nathan, Irving, and Carlton. I appreciate the time you took to offer your opinions and advice.
Update: I told my tenants on June 1 that I wasn't renewing and the lease would expire July 31 (60 days notice)...so they haven't paid for June yet (June 23) and I suspect they won't pay for July either. I have begun the eviction process (for non-payment and other violations of the agreement) even though it likely won't wrap up in time. This needs to be on their record to forewarn other landlords. On to the next tenants!
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