Smoking and lying about it.

[Jo Jones]

Hello, 

I recently found out both my tenants smoke and they lied about it. I had them sign a Lease and in that lease they agreed to the no smoking rule. 

So, I am choosing to pick my battle here but they now want to move into our front duplex that we are remodeling to all brand new. I, of course will have the same rule but knowing they smoke, I am reluctant to have them rent it. 

My question is this: if something awful were to happen, like a fire, what, who, when would happen?

Would they be responsible for the damages? Thanks

[Chris Mason]

Originally posted by @Jo Jones:

Originally posted by @Account Closed:

Did they agree to not smoking in your unit or not smoking anywhere on the premises or not even smoking at their mother's house in Iowa?

 They signed a Lease stating the unit is a non smoking unit including the premises. Of course they were in the street, when I walked around the corner and saw them. I agree... they will smoke inside too.

They are tenants, not serfs. What they do off the property isn't your concern, until and unless they bring it inside.

If they are smoking inside, agree with others to go ahead and remove them if you wish.

But if them "getting away with it" is to completely leave your property and smoke at the street, I'm not clear on your issue. They didn't know you were coming around that corner. You "caught them," if we want to use that language, doing exactly what the lease says: NOT smoking on the premises.

If they were trying to be sneaky or hide anything, like if you had a "no smokers" lease instead of a "no smoking on the premises" lease, they would simply be smoking inside the unit for fear of you walking around the corner. 

But you had a "no smoking on the premises" lease, and they followed it. They left the property. They might even be tattoo artists while off the property, that doesn't mean they will turn your unit into a tattoo parlor. 

I'm confused by "I agree... they will smoke inside too." If we see someone walking their dog on-leash, I find it unlikely that anyone would say "I agree... they will walk their dog off-leash too." Or if we see someone being a good parent, we don't say "I agree... they will be a bad parent too." The on-leash dog walkers may in fact walk their dog off leash, and the good parent may in fact be a bad parent, but smoking outside isn't evidence of inside smoking, walking a dog on-leash isn't evidence of off-leash dog walking, and observed good parent behavior isn't evidence of bad parenting.