Tenant smelling cigarette smoke in neighbor's apt how to handle?

Tenant smelling cigarette smoke in neighbor's apt how to handle?

Member since 2019 · 3 posts · 0 votes

I have an apartment complex, 8 units. I had one tenant move into Apt G 2 months ago and then the other moved into Apt F about a week ago. Apt G is a single older woman, and Apt F is a younger couple. I have had no complaints from any other tenants about the new tenants. Apt G claims that she smelled cigarettes and it was so bad it was seeping into her apt and she has health problems. So, since Apt F was new, a few days ago I just casually reminded them where they can smoke if they happen to be smokers. They both don't smoke, and I already knew that as I asked before they signed the lease. They have never smelled of cigarettes when I've spoken to them, and that smell tends to linger. So, I told Apt G that I had spoken to the new tenants and she thanked me. Well, later on, Apt G starts texting me about it again so I told her I'd look into it. Apt F was having issues with their lock and they couldn't be at the apt, so I let the locksmith in. Perfect chance to see if anyone is smoking in there, and I step into the entrance of the apt, and I smell nothing. There is absolutely no evidence of smoking of any kind in that apt. Not even incense or an over powering air freshener. I'm not a smoker, but doesn't the smell linger, even if you cover it up? They're 1 bedroom 1 bath 800 square foot units. The smell would be everywhere, right? So, I just told Apt G all of that and I'm waiting for her reply. My question is, how do I handle this? Both tenants are good, but Apt G is becoming a bit of a bother to me. I actually just offered to let her break her lease as she was only short term anyway (here while her home is being repaired, it was damaged in the hurricane) and it's getting to the point where she texts me almost nightly to  tell me about the smoking that I'm not seeing any evidence of. If she doesn't want to move out, what should I do? Or say to her? And I forgot to mention, there is a no smoking clause in their leases and the building has always been smoke free. Have I done everything I need to do? I just want to be sure I'm handling this correctly and I certainly don't want to bother Apt F if they're not breaking their lease. I haven't told Apt F that Apt G thinks they're smoking because I don't want them to be uncomfortable. 

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  • Member since 2016 · 13k+ posts · 12k+ votes
    7y

    Next time she calls about the smoke make it a point to go over and check it for yourself. If she is calling nightly be prepared to go when she calls. If you can't go send some you trust to check it out. If smoke is smelled go knock on doors till you find the source. When/if you find it send out a notice to cure or quit.

    If you find a tenant or their guests are smoking it is a clear violation of the lease and grounds to evict. You may be surprised and find a unregistered tenant or possibly just cooking oders. .

  • Member since 2019 · 3 posts · 0 votes
    7y

    Thank you! I live an hour away and so when ever she was texting (late at night) I couldn't come over. But I will be staying local tomorrow night and I told her I will come over then when/if she smells anything. What should I tell her if I don't smell anything but she insists she does? She says she can smell it in her clothing. That's my main question. Thanks again!

  • Real Estate Agent · San Luis Obispo, CA · Member since 2018 · 79 posts · 39 votes
    7y

    @Axia Roberts

    You should tell the tenant that you saw no signs of smoking and that you can’t do anything about it. If the tenant wants to break the lease, fine you won’t have to deal with them. If she decides to deal with it and finish her lease, then that’s okay as long as she stops the daily notifications. Just make it clear that you can’t do anything about it and she should stop the daily notices.

  • Member since 2019 · 3 posts · 0 votes
    7y

     I'm going to go by at the time of complaint next time, just so I can say I've done everything. I did tell her via text that since no evidence was found that I can't do anything. Since I've been in there I'm confident there's no smoking. Guess I'll just have to be firm and tell her to deal with it or move because I'm sick of the 10 pm and midnight texts... Thanks!

  • Rental Property Investor · Erie, PA · Member since 2018 · 6k+ posts · 9k+ votes
    7y

    Personally I wouldn’t be playing Johnny detective hanging out in the area waiting to sniff out the culprit . I would further warn the young couple that they are gone if there’s smoking by them or a guest . Then I’d tell the older lady no evidence has been found and tenants don’t smoke so there’s no proof and if she wants to leave then she needs to get packing tell her your not accepting any calls or texts about smoke smells late at night or rushing over . I’d say don’t call me unless the building is visually on fire ! If she hates it that bad she needs to go . That situation is getting a little ridiculous when they are all adults . 

  • Severna Park, MD · Member since 2013 · 7k+ posts · 7k+ votes
    7y

    Send out a reminder letter to all tenants about the smoking rules 

  • Real Estate Broker · Hyde Park Tampa, FL · Member since 2019 · 2k+ posts · 3k+ votes
    7y

    I would send a notice to all the tenants that there is no smoking allowed in the units and that several complaints have been received.  I would advise the complaining party that there is/was no evidence of smoking in the adjoining apartment she referenced and you have no choice but to consider the matter closed. You won't want to let her know that you are giving it any more attention - because you may just find that she likes having access to you and that's why she is calling.  She may also be the one smoking and plans on implicating another party should the odor be detected in her apartment.  

    People are nuts...protect yourself first!

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