[rninca]

I have a tenant who signed a month to month rental agreement. Part of the terms were NO SMOKING in the home. She has been smoking cigarettes AND Marijuana, I learned from her son in law, a respectable person. The tenant is on disability for mental disability.
The tenant also agreed to work with another person I appointed to help clean up the property, she fails to get along with this person, and doesn't allow the appointed person to enter the property so she can clean up the property. The tenant agreed to have a garage sale to rid the home of the junk, she has occupied the home since 2/07, no garage sale.
She is not watering the yard, and the yard is dying. The tenant is aware that the landlord has been sited by the City to keep the area between the sidewalk and the street green, to keep the trash cans out of view of the street, and fails to maintain within code.
I gave her 15 days notice to vacate, there is no security deposit. Can I legally do this? She is putting me in jeopardy as my homeowners insurance is based on a NO SMOKING ordinance. She verbally admitted to smoking in the home of both substances.

[ScottGem]

Unless she is in violation of WRITTEN portions of the lease, you can't just give her 15 day notice. However, since the lease is month to month, you can terminate it at any time with one rental period's notice.

If she is in violation of written portions of the lease, then you can issue a vacate order according to your local laws. If she refuses to vacate (either from the vacate order or notice of termination), then you will have to go to court to get an eviction order.