How To Prove Tenant Smoked
Hello BP!
I own/manage real estate in San Diego, California. I have a condo where my lease agreement clearly states no smoking. I went into the unit twice in the past couple weeks for showings and both times it had a strong odor of cigarettes. Knowing the tenant smokes, I asked if he smoked in-unit and he denied it. I confronted him the second time and he says he is burning incense. Needless to say, incense does not smell like cigarettes.
Is there a way (legally) to prove he is smoking in-unit (other than logging the offenses)? I am going to have to pay for remediation in a month when he moves out and I'm concerned he will continue to deny in-unit smoking and fight me on security deposit deductions.
I found a kit online that tests for nicotine residue. Will this hold up if I need it? Appreciate any insight you guys have.