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Updated over 3 years ago on . Most recent reply

User Stats

57
Posts
16
Votes
Bailey A.
  • Investor
  • Fort Worth
16
Votes |
57
Posts

Tenant Smoking On Property

Bailey A.
  • Investor
  • Fort Worth
Posted

Hi Everyone,

I currently have a tenant who is smoking on the property. She accidentally gave herself up on a phone call. The lease states no smoking is permitted in or on the premises. She also stated on her application that she was a non-smoker. Clearly this a breach of contract. She only has 3 months left in her lease (we signed a 6 month lease). For those of you familiar with TX law, am I obligated to tell her she violated the lease or can I let it ride until she moves out and keep quiet about it? Also, do I have to do any repairs (that aren't considered an emergency) if she is in violation? Any advice would help. 

Most Popular Reply

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28,239
Posts
41,477
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Nathan Gesner
  • Real Estate Broker
  • Cody, WY
41,477
Votes |
28,239
Posts
Nathan Gesner
  • Real Estate Broker
  • Cody, WY
ModeratorReplied
Quote from @Bailey A.:

Three months left on the lease? The damage is already done. Kicking her out now won't make much difference. I would wait until the last month of her lease, then let her know you are aware of it, that you won't be renewing her lease, and that she'll be charged for the cleaning, deodorizing, or whatever. Then deal with it after she's gone.

  • Nathan Gesner
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