@James Wise
When they deny, I ask the complaining party to notify me each time it happens (if it continues, and if they deny, it will). I do try and get an on site 3rd party verification. I live 5hrs from my properties so I ain’t dragging my but there to check. Next complaint I probe for some info as to when it commonly happens. Example: lots of folks smoke only after they eat evening meal, or before bed, or 12 times per day everyday. That helps guide any 3rd party confirmation. Chances are slim to zero I would warn a second time and I’m very upfront about that after the first complaint. But, you have to assume if they’re continuing to break rules they will continue to deny, so continue to gather evidence and document everything including any phone calls (notes taken during the call or immediately after) etc.. If it happens a second time, you follow up with your eviction notice restating all of the complaints prior, with a copy of the lease agreement showing their signature and reference the clause they have broken (again). They may or may not comply with the eviction.
I honestly never have cared about weed, but I care about other tenants’ quiet enjoyment of the property. Even before legalization. ALWAYS indicate in ALL warning what they can do to bring themselves into compliance with the rules.
Ex: “all smoking/ vaping needs to be done off the property. Www.yourcity.ca has info about local bylaws on smoking on public easements/ roadways.” Or similar.
Never underestimate how stupid people are. I had one group of tenants who literally stated that exhaling into their stupid bounty blower (look it up) should make it undetectable... again, they were stupid, they got told all of the above and I explained to them that the duration of their lease was their legal and financial responsibility even AFTER eviction and that I would garnish their wages to recoup that IF NEEDED or they could walk their cheech and chong butts out to the sidewalk like they were told to do the day we signed the lease agreement. Up here, it’s below zero often from Oct 1- April 15.
The good news is after a decade of dealing with this, I can tell yuh that cigarette smoke is infinitely more long lasting than weed. Weed stinks like crazy while it’s being smoked, but 2 hours later you can’t even tell. And they could smoke 4 times a day for a year and all I’ll need is a regular cleaning to make it undetectable for the next tenant (usually).
At lease sign: they initial every single clause that could create eviction or monetary fine. Explain clearly that “blowing it out the window” or “bounty blower” ain’t gonna cut it. Indicate designated smoking area.
1st time- VERY stern and clear warning with copy of lease showing they’ve initialed the clause in question. Indicate designated smoking area.
2nd time- eviction notice and a second copy of the first warning. Copy of local regs if applicable. Indicate designated smoking area. Proceed with eviction.
I’ll bend over backwards to keep awesome people happy in my units. And I’ll do the same yoga routine to remove idiots who cause me a pain in the rear.
