Updated over 5 years ago on . Most recent reply
Eviction Due to SMOKING lease violation
We've owned our rentals (built from the ground up) for almost 2 years now and the time as come to eviction someone. Not happy... I really like this tenant and have no other issues whatsoever. They are pleasant, pay their rent on time, good neighbors, etc.
But they - or their partner (not on the lease, visiting) are smoking.
The lease very specifically states:
NON-SMOKING PROPERTY: Lessee understands that the entire property, including inside and outside premises, is a non-smoking zone and will strictly adhere to this policy. This restriction includes the use of e-cigarettes and vaping. Any violation will result in eviction with no warnings or exceptions. No tenants or visitors may smoke on this property. It is the obligation of the Lessee to inform visitors of this policy. Lessee will be held responsible for violations by their visitors.
On June 22nd we were mowing the lawn and power washing the porch and I saw that there were cigarette butts in a chiminea on her front porch. I took a picture, texted her and told her that this was grounds for eviction and to please read section 26 of her lease (and included a photo this section of the lease). She immediately texted back and said "Those are left over from my old house when I brought it over. I do not smoke and haven't at this new property. I will clean them out." I was hesitant but thought that they did look old.
Well we went to mow today (7/4/19) and I saw that she had cleaned it out but there were 2 more cigarette butts in it.
So, it's clear we have to go ahead and follow eviction. But, here's what I'm wondering...
How many days do we give her after we serve her with a notice to vacate? Then, what do we do with the security deposit and the rent for July 2019 (paid in full)?
Any experience or advice out there?
Most Popular Reply
Hi Molly,
Why no smoking outside???????
In Texas a LOT of rental types smoke and so do their visiting friends and family members.
To me that seems intrusive and counter-intuitive to making money from rental units.