Enough evidence to serve Notice to Comply?

[Hilary Graves]

Could use some guidance...Our 5 unit apartment building does not allow smokers, as clearly stated in all leases. Two tenants have complained about cigarette butts on the property, and one just complained that his unit is starting to smell like smoke. He then sent a picture of a pack of cigarettes in the lawn chair of our 2nd floor tenant. Is that sufficient evidence for serving that 2nd floor tenant a Notice to Comply and slap her with the $50 fee (for breach of lease) and $30 fee (for making us serve the notice)? TIA

P.S. We cannot go there in person as we are on vacation!

[Brad Hammond]

Hey @Hilary Graves, just my opinion but I think a photo with cigs counts.  Maybe the tenant will say it was a guest, but even her guests must obey the same rules.  I would serve her the notice and see what they say.  If they have a sold response, you can always reverse the notice and charges.