Smoking in non-smoking unit

7 Replies

I have not ran into this problem yet, but I was having trouble finding the right wording to put into my lease regarding the penalty for smoking in a non-smoking unit. Assuming there would be no physical damage (burns in carpet, etc.) there is still the smell of smoke in the unit which can obviously deter any future renters. For one, I don't even know how you would get rid of the smell. Without having my lease in front of me right now...I put a clause in the lease that says something to the effect of if the renter does smoke in the premises they will be charged for the professional cleaners needed in order to remove the odor. How does everybody else handle this?

-Madison

The lower class smokes. It's that simple. Therefore, since these people are my customers, I allow them to smoke. After all, I want to have tenants in my rentals. Remember, you are not living in your rental. It is impossible to instill your morality or standards on your tenants.

Mike

Originally posted by "MikeOH":
The lower class smokes. It's that simple. Therefore, since these people are my customers, I allow them to smoke. After all, I want to have tenants in my rentals. Remember, you are not living in your rental. It is impossible to instill your morality or standards on your tenants.

Mike

Not exactly true. Even the lowest class will be willing to smoke outside. There is no reason to expose your own property to harmful elements that are avoidable. Write language into your lease that will alllow for repainting and carpet cleaning if there is evidence of cigarette smoke in the house.

" for repainting and carpet cleaning " This is standard pratice before a new tenant comes in anyway. I don't think you would ever get a court to support holding a security deposit because you have to repaint and clean a carpet. I would think this is normal wear and tear.

Not exactly true. Even the lowest class will be willing to smoke outside.

BlackCobra,

That's just silly. In the real world of landlording, tenants (and their friends, relatives, etc) smoke. That's the reality of the situation. You can put anything in your lease that you want to, but people will smoke in your rentals.

I don't think you would ever get a court to support holding a security deposit because you have to repaint and clean a carpet. I would think this is normal wear and tear.

TC,

That's exactly the type of damage that the security deposit is for. I've kept the security deposit dozens of times exactly to clean the carpet and paint the walls. Dirty carpet is not normal wear and tear.

Mike

Originally posted by "MikeOH":

BlackCobra,

That's just silly. In the real world of landlording, tenants (and their friends, relatives, etc) smoke. That's the reality of the situation. You can put anything in your lease that you want to, but people will smoke in your rentals.

I guess I'm overly optimistic. I really don't want people smoking in my properties...It seems like more people smoke outside these days, but maybe I'm kidding myself.

I can remember apartments that I rented when I was a kid - the prior tenants smoked, and it was really bad - even after carpet cleaning and paint.

Eliminate the carpet and drapes from your units- install commercial vinyl tile (NOT the cheap-assed peel and stick type!) and mini-blinds instead. If exposed surfaces cannot absorb the odors, a good Lysol wipedown should leave you good to go. Tenants can put down throw rugs if they want... Besides, you'll get 20+ years of service from tile vs maybe 7 good years from carpet. And, you won't be picking up (as many) butts from the yard and driveway.