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Updated about 3 years ago on . Most recent reply

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Cole Felske
  • Calgary, Alberta
4
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Tenant lied about being a non-smoker. Next steps?

Cole Felske
  • Calgary, Alberta
Posted

To give some background, I have two tenants (a young couple) renting out a main floor suite from us while I live in the basement suite. So far they've been respectful, pay their rent on time, etc. although since I'm living in the basement they are likely inclined to behave better since I'm always around. 

On their application they both said they're non-smoking, however I recently found a few pieces of evidence that one of the tenants has been smoking outside. I've seen him in his car smoking, found a pack a cigars on a patio chair, and a lighter. I haven't been able to smell it inside yet. 

Their lease does not allow smoking inside (I'll add a clause about smoking outside next time), so technically they aren't in breach of the lease, although I get an uneasy feeling knowing he is a smoker and the fact he lied on his application. 

I also plan on moving out in 6 months so won't be around as much to keep watch on them. I feel the right course is to message them about it, and reiterate that I do not allow smoking inside, and the possible repercussions that would come if they were to. Thoughts?
 

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Bob Okenwa
  • Real Estate Agent/Investor
  • Peoria, AZ
2,461
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2,512
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Bob Okenwa
  • Real Estate Agent/Investor
  • Peoria, AZ
Replied

Put the clause in the new lease and let them know that there will be no smoking allowed on the property in any capacity. If they're ok with it, good. If not, be prepared for turnover. When advertising the unit in the event they leave, be very clear to state the no smoking policy.

No need to message them stating they are partaking in activities that are perfectly legal and not in violation of the current lease. Add an addendum to the lease, tell them this is the new lease and there is a no-smoking provision. No need to act like a parent and try to micromanage and control other adults.

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