How to Buy a Duplex and Require Non-smoking to Existing Tenants

Question

I am trying to buy my first duplex and live in the side that will be vacant in March 2020. The tenant that wants to stay is a smoker. She has been there 6 years and has a good payment history. Her lease is up in May 2020. I prefer to have a non-smoking building. I also want tenants to carry their own renters insurance. I really don't want to lose a good paying long term tenant over this smoking issue, but at the same time, do not want a smoker as a tenant. It's a dilemma!

Any suggestions will be most appreciated

Also, any legal issues to be aware of - i.e. can the landlord mandate non-smoking?

Can the landlord require tenant to carry renters insurance?

Thanks

Any suggestions will be most appreciated

Also, any legal issues to be aware of - i.e. can the landlord mandate non-smoking?

Can the landlord require tenant to carry renters insurance?

Thanks

Scott Pearson · Answer

They have already been there for 6 years.  Place is already a smokers place.  Chasing them away means smoke remediation needs to be done right away.  My thinking is keep them as long as there are a good tenant.

Mindy Jensen · Answer

@Paul Wiseman, wood and laminate will suck up smoke smells, too. The ozone machine on Amazon for $80 is what I used in my very heavily smoked in house before we moved in.

Paul Wiseman · Answer

Scott Pearson, Karl B., Andrew Schrader, Calvin Ozanick, Thanks to all of you for your responses, some very good insight and suggestions. Fortunately there is no carpet in that unit, just wood, laminate, and tile. I really appreciate you all.

All the Best, Paul W., Novice Investor

Calvin Ozanick · Answer

There are two ways to handle this here in Wisconsin. Both have to do with the lease terms. If the tenant is on a month to month lease, you can just add an addendum to the lease that prohibits smoking. Otherwise, most leases have some language regarding wear and tear being your responsibility. However, anything above normal wear and tear falls onto the tenant. Should they not heed your warning, you can notify any smoking damage will be taken out of the deposit.

Karl B. · Answer

It depends on if they're respectful, decent people or not. I bought a 4-plex a few years ago and one of the inherited tenants (a couple) smoked inside and had lived there for years.

I told them not to smoke in the unit and they listened. Sure, they're the only tenants who smoke who respected my wishes (out of 3-4 other examples I have in mind) but to be honest, the ones who disobeyed also didn't pay on time and half of those fools were evicted.

So if they pay on time there's a higher probability they'll listen to you than some clown who can't pay on time and doesn't respect the lease rules.

Aaron K. · Answer

@Paul Wiseman because you will be living there keep in mind that she will likely smoke outside if she stays which for you may be worse than if she just smoked inside.

Aaron K. · Answer

You could just wait a month and then this is a non-issue, when the leases renew you just add that smoking is prohibited and that tenants are required to carry renter's insurance.

Paul Wiseman · Answer

Thanks Aaron. I just hate to run off a good paying long term tenant. I guess I'm just a little insecure about finding a replacement tenant since this is my first deal.

How to Buy a Duplex and Require Non-smoking to Existing Tenants

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