SuperCactus
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If there was not a no smoking clause in the rental agreement your only recourse is to give the tenant 30 days notice. |
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ruthietoothie1972
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Is there something in the lease or rental agreement that says that they cannot smoke inside their apartment. If there is not it is their right. If you try and push this issue with them you may be asking to be sued. |
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src50
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If you have no rental agreement that forbids it, the only thing you can do is to give them notice to move. |
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mamanana9
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nope sure isnt if you didnt tell them up front it was against the rules..you cant change it once they move in and if you eveict them because of it you can get in trouble if it was everstated before moving in.How does smoke travel thru walls.sounds to me like your just looking for an excuse.if walls are thin enough for smoke to go theru ,who would want to stay? |
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broccoli brain
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Who is "we"? Are you the landlord or the neighbor? If you are the landlord why don't you exercise your options since they are on a month to month lease? If you are the neighbor...tough luck.
My historical experience with smokers has been that even if the lease specifies that the unit is non-smoking, if they get the urge to light up while working that is what a smoker will do. Good Luck! |
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nojam75
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It depends on if you have a no smoking policy in the rental agreement or the building's rules and regulations. However, smoking does significant damage to your property. Also, tenants do not have any legal right to smoke, but it is your responsible to define what the smoking policy is.
If smoking is prohibited, then follow the procedures in the rental agreement and your state's laws regarding rental agreement violations. Typically, you have to give a written final warning termination notice with a deadline for compliance, then you can file eviction with the court -- but check your state's laws.
If you don't have a no smoking policy, then you'll need to establish a no smoking policy. Depending on your state's laws, you'll may have to give all of your tenants a 30-day notice of what the new no smoking policy.
Also, since the tenant is month-to-month, you can issue a 30-day no cause termination notice. |
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ebosgramma
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Since the tenant is on a month to month tenancy give them written notice that effective March 1st the apartment is no smoking if they continue to smoke in the apartment after March 1st evict them with another 30 day notice. You won't get rid of them for a few months but you will get rid of them. Be sure to put no smoking in all future rental agreements and rental ads. |
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100% Organic Snarkâ„¢
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Next time they pay their rent, tell them you're adding a premium for cleaning the nicotine stains that are SURELY on the walls by now AND cleaning the stench of smoke from the carpets and drapes. A co-worker moved into a place recently where the resident before him had been a savage smoker for YEARS. The walls were YELLOW from nicotine and had to be repainted. It took TWO coats to cover them up. |
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pibzz
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That’s a tough issue, it depends on your state and local jurisdiction. Even though you may not be able to legally ban smoking inside the unit, if they smoke in such a way as to bother other tenants (like the smoke wafts out their window and bothers others) you could nail them on Quiet Enjoyment / Nuisance provisions of their rental agreement.
Most standard leases should contain a clause to the effect of:
Tenant shall not, disturb, annoy, endanger or interfere with other tenants of the building or neighbors, or violate any law or ordinance, or commit a waste or nuisance on or about the Premises.
If you have such a clause just give them a notice to cease and desist or quit (in California for example, that would be a 3 day notice to abate nuisance or quit) but check your local ordinance
That gives them 3 days to stop bothering others with their smoke, or they will be evicted.
Be sure and get written statements / complaints from other tenants just in case they argue it's unjust or retaliatory.
Also consider joining your local apartment association, its very inexpensive and has a wealth of info on how to properly deal with bad tenants
Good Luck ! |
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Katie H
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Charge them for the cleaning bill and give them a warning that if they don't stop they will be evicted. But you can only do that if it's in their lease that they can't smoke in the apartment. If it's not in their lease you can always make it a new policy effective after the cleaning takes place and charge them for the cleaning necessary to get rid of any damage. I work for a large hotel chain that doesn't allow smoking in their rooms in the US. If a guest smokes in the room it is a 250.00 fine each time. |
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rcc
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You could install super sensitive smoke dectectors in every room as 'part of your insurance policy' that squack really loudly whenever set off. Alternatively why not set fire to their appartment, blaming them for their carelessness??lol! |
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Sec Educashun
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Smoke travels through walls? That is news to me. |
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Expert Realtor
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1. You cannot legally ask them to stop smoking the apartment if you don't have language in the lease forbidding it.
That's the bad news.
2. Since they are on a month to month, you can ask them to leave with a 30 day notice for ANY reason.
That's the good news. |
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