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TheCardinal · Feb 5, 2007, 06:51 PM

Our tenants are violating the terms of the lease by smoking in their apartment. The lease states no smoking anywhere in the house, smoking is allowed outside behind the house only. Nearly every night there is a strong odor of cigarette smoke in the enclosed backporch outside our backdoor (we live upstairs, tenants rent downstairs back apartment). We own an older home, not airtight, so the smoke odor gets into our part of the house, kitchen, bedrooms, etc. With two small children, that ain't cool. We've issued a written warning reminding them of the lease terms, it didn't change anything. Their lease expires on June 30, but I want to end it sooner if possible. What type of 'proof' do I need before getting them out? Should I video record the designated smoking area to demonstrate that they are not outside smoking during the times when I can smell smoke? Thoughts? Ideas?

landlord advocate · Feb 5, 2007, 07:08 PM

I understand your dilemma. Are you sure they understand that you consider the enclosed backporch as being the interior of the house? This is going to be difficult to prove. If it were some other non-compliance issue I would recommend that you post a 30 day eviction notice. NOT a 3 day. A 30 day eviction notice gives the tenant 30 days to correct the problem. If it isn't corrected, then issue a 3 day and eventually take them to court.

Actually this is a learning lesson for next time. Asking a prospective tenant "Do you smoke?" or writing in the ad "No smokers" gives the prospective tenant an opportunity to lie and say no. If your application said "How many people in your household smoke?" They would write the number of people that smoke and you would have the opportunity to tell them you do not allow smokers and choose not to rent to them.

TheCardinal · Feb 5, 2007, 07:37 PM

[QUOTE=landlord advocate]I understand your dilemma. Are you sure they understand that you consider the enclosed backporch as being the interior of the house?[QUOTE]

Here's the wording in the lease:

NO SMOKING ALLOWED IN APARTMENT, ON BACK PORCH, IN DOORWAYS, OR IN SIDE YARD.

SMOKING ALLOWED ONLY IN AREA DIRECTLY IN FRONT OF, OR BEHIND, THE HOUSE.

landlord advocate · Feb 5, 2007, 07:51 PM

You can try giving them the 30 day notice. After 30 days, gather witnesses that can attest to the fact that they were smoking on the porch, give them a 3 day notice and file. All this is going to take time. Are you sure you can't just not re-rent to them when the lease comes up for renewal? If they are people who take care of the property and pay their rent on time, think about solving this problem without the eviction.