Inheriting a tenant who smokes

Investor · AR · Member since 2021 · 16 posts · 1 vote

So I'm buying a house hack and there is a tenant in the other unit who smokes cigarettes. Would I just need to have them sign a change in term lease addendum and state that this is now a non smoking unit and that all smoking must be done in a designated smoking area? Also, if they already have been smoking inside would I also include in the addendum that any damage caused by the smoking would be deducted from their deposit? I ask the second question because their original lease never stated anything about that so am I wanted to make sure I wasn't going to put myself in hot water by charging them for something that wasn't originally a rule for them.

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Charles Carillo
Rental Property Investor · North Palm Beach, FL · Member since 2018 · 2k+ posts · 1k+ votes
4y
@Kolton Gutierrez

When you purchase a property and you inherit tenants; you are inheriting their leases as well. You are unable to force the tenant to sign an addendum to their lease. I guarantee you they are not going to sign an addendum that says they need to pay for damages caused from smoking (or pets or anything else) that was not mentioned in the current lease and I do not blame them. They have a contract and they want it honored; just like you want to be paid rent as outlined in that lease.

The renewal however might be a different story; speak to your attorney about the wording in the new lease.
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Nathan GesnerBusiness Member
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Real Estate Broker · Cody, WY · Member since 2010 · 28k+ posts · 41k+ votes
4y
Quote from @Kolton Gutierrez:

So I'm buying a house hack and there is a tenant in the other unit who smokes cigarettes. Would I just need to have them sign a change in term lease addendum and state that this is now a non smoking unit and that all smoking must be done in a designated smoking area? Also, if they already have been smoking inside would I also include in the addendum that any damage caused by the smoking would be deducted from their deposit? I ask the second question because their original lease never stated anything about that so am I wanted to make sure I wasn't going to put myself in hot water by charging them for something that wasn't originally a rule for them.

I'm with Charles. You bought it with any existing smoke damage and an existing lease. That is your starting point. You have to honor the lease and you can't turn it into a non-smoking unit until that lease expires.
My thought: leave it alone until the lease expires, then don't renew the tenant. It's unlikely they would stop smoking in the unit, so get them out, clean it up, and start fresh.
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