Can I ban smoking for tennants at will?

Question

I purchased a 6 unit recently. There is 1 smoker on the first floor and it is awful. The tenants are all TAW without any written agreement that was passed to me at closing. I am going to implement a no smoking in or on the property policy.

Do I have to have all tenants sign a new TAW rental agreement before I can implement this?

Thanks!

Do I have to have all tenants sign a new TAW rental agreement before I can implement this?

Thanks!

Deanna McCormick · Answer

For any changes to limit use in their apartments you need to give them proper notice, per there lease agreement. This could mean you may have to wait until their lease comes up for renewal.

A no smoking policy addendum with proper notice is used. I'd suggest a Crime Free / Drug Free Addendum be added at the same time.

You can always try and give a addendum mid lease if they sign it fine, if they disagree then you wait until you can give proper notice per your lease term.

You can post this building will Go NO Smoking  in 30 days that no smoking will be permitted in the common areas of the building or on the grounds, or by the pool area

Al Williamson · Answer

I agree with others. It's nearly impossible to reform a resident. Best to you.

Nathan Gesner · Answer

I suggest you give them 30 days notice to vacate (or whatever you are required in your area) and then go clean/renovate the place and start over. If they've lived there for any length of time, it will be difficult to get them to break the habit, even with a written agreement. And if the unit already smells of smoke, how will you prove if they are still smoking inside or not.

Run it like a business and do what you have to do to protect your investment. That doesn't mean you have to be heartless. If your market is tough and they need 60 days to find a suitable place to live, give them the extra time. But stand firm on your desire to move them out, clean/renovate the unit, and start fresh.

LuAnn Miller · Answer

Just yesterday we presented our tenants with a Smoke Free Lease Addendum.  Most of them we were able to leave them with a letter and the addendum to sign since they are non-smokers.  We met personally with the one tenant that smokes and found they were in the process of quitting anyway so this is incentive for them to continue.  We left them with a couple resources that will help them in the process and noted that any costs associated with these programs will be their responsibility.  This addendum was found on the state specific website - smokefreehomes.iowa.gov.  We had the tenant sign and then we sent the electronic copy to them.  We used the approach that it was protecting them from suit for second hand smoke from any other tenant.

Mike H. · Answer

Good point about getting them out of there now because you'd never know if they were still smoking or not.

Chris Cyr · Answer

Great suggestions by all! Thanks so much for the quick replies, I think evict and start over is best as the unit is under market rate as well. It's the best long term solution all around.

Thanks again!

Lynn McGeein · Answer

I would think it would be like any change in a verbal lease, whatever your local landlord tenant laws are for that, similar to increasing the rent.  You'd likely have to give a 30-day notice for the change so they have time to leave if they don't want to comply.

Ryan Bergeron · Answer

It never hurts to have something in writing, especially if it's something you may have to take to court.

Can I ban smoking for tennants at will?

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