Broken Hip Tenant w/ Smoking Problem

[Holden Latimer]

Hey BP nation. My wife and I bought our first property, a 4-plex, almost a year ago so we are still pretty green as for as land-lording goes. 

We have a tenant who we inherited from the previous owner that has a serious smoking problem. The tenant is a really nice older lady that pays on time and apart from the smoking issue is a fairly good tenant. Her lease clearly states that smoking is not allowed in the unit or common areas. We are owner occupying the unit directly above hers so we know exactly when she is smoking inside the apartment. We had problems during the winter and complaints from other tenants because she was clearly smoking inside due to the cold. We took a hard stance that she would be fined next time it was an issue and the problem stopped. This very well could have been caused by the warmth of spring, but gave us a couple months release from the smoke.

About 3 weeks ago this tenant fell in her apartment and broke her hip. She returned to the apartment about a week ago following surgery and in poor condition. In my opinion she should be in an assisted living center due to her recent surgery and overall extremely poor health. She has chosen her sister as an assisted caretaker but I don't think she is around very often. The last week has been almost unbearable. The smoke smell is extremely strong in our apartment and we are starting to get complaints from the next door unit. What would you do in this situation? Any advice would be greatly appreciated!

My thoughts: I was thinking my next course of action would be to go ahead and fine her $50 (per her lease) and open up communication about relocation. Again she is a really nice lady and hasn't caused other issues so I feel like my best course of action is to handle the situation with as much civility as possible. She really should be living in a assisted care type situation or at least somewhere where smoking is allowed. This would be best for all parties. I was also thinking of offering to pay for the moving truck and assist with her move. I don't know if this is a good way to handle the situation, so if I am being dumb let me have it! 

[Joshua D.]

Is she on a month to month lease? or Longer?

As heartless as it sounds the best thing you could do for your business is to evict or just not renew the lease.  This sounds like it also might be the best thing for her as well.  

Try to make it a win win if you can, but if it is going to be a win lose situation. make sure your not the one losing.  Again this sounds heartless but its what needs to happen. In My Opinion...