What would you do?

[Richard Rohrbough]

I have tenants who are nearing the end of their 6-month lease which expires July 31.

They are smoking in my rental in violation of the lease agreement.

They are also paying $1625 for my 2/1 SFH which is at the top end of the spectrum for rent in my neighborhood/area.

What would you do?

1. Bump the rent way up (like $300/mo.) if they want to renew, alter the lease agreement and say, "smoke away?"

2. Not renew the lease and take chances finding a non-smoking tenant(s) who will pay about the same $1625?

3. End the lease by end of month and take my chances finding a non-smoking tenant(s) who will pay about the same $1625?

4. Evict due to the lease violation and try to find a non-smoking tenant(s) who will pay about the same $1625?

5. Something else?

[Michele Fischer]

I would do a maintenance inspection to get an idea of how much damage has already been done.  If you can move a photo on the wall or something to see if there is nicotine on the walls.  If the place is pretty far gone, may as well keep the smoker and not enforce the lease.  You could send a notice of violation and that the deposit is likely forfeited, or somehow ackowledge that you know and there are consequences.  Knowing and ignoring implies consent.

If the place is not in bad shape, it might be better to enforce the lease. You would deliver whatever documentation your area requires for a lease violation.  The intent is to get them to stop and/or explain why you won't renew the lease, eviction is probably not worth it.

Regardless you will have more work to do after they move out to make your unit appear/be non-smoking again, so plan on extra time.

Have strong language in the lease.

Our rental agreement: 

Smoking Policy: The Premise is to remain a smoke free environment. Smoking is prohibited indoors and within 25 feet of all structures. By signing the Agreement, Tenant acknowledges that they have been informed of this policy, and will comply. Residents are responsible for ensuring that family members, roommates and guests comply with this rule. Furthermore, if there is evident damage which indicates that there was smoking on the Premises (ie. Cigarette burns; non-smoker smelling smoke odor; stains on the walls and ceilings, etc.), the Tenant will be responsible to pay for the costs incurred to repair these damages and return the unit to pre-occupancy condition.