Mid Lease Smoking Ban Allowed?

[Dave Kush]

Can I ban smoking in the building, including common areas, mid-lease?

I bought a duplex and inherited tenants/leases last year.  One unit is rented by smokers (they use common laundry area), and the other unit recently became vacant.  We are concerned that the smoking/smell will turn off prospects as well as the extra cost of cleaning up areas after smokers move out.

The building is in Illinois.  Smokers are not considered a "protected class" (ie: race/gender/age/etc).

The lease the tenant signed prior to us acquiring the property says nothing about smoking either way.  

I know I'm within my rights to not allow smoking within the building, especially if there's a new tenant, but not sure if I am able to do that mid lease.

Does anybody have any experience with this?  Are there general rules that apply about this, or is this a lawyer question?

Thank you!!

Dave

[Nathan Gesner]

Quote from @Dave Kush:

Contact the tenants and tell them they can't smoke inside because it leaks into the neighbor's unit. 

If they continue smoking, you'll have to put up with it until their lease is over.

In the future, make it clear that smoking of any substance is forbidden inside any structure, including garages, storage sheds, etc. Smoking should be outside, at least 15 feet from any window or door. Include a fine for violations, additional fees for mitigating smoke damage (including odors), and whatever else is needed.