Can I ban smoking for tennants at will?

[Chris Cyr]

I purchased a 6 unit recently.  There is 1 smoker on the first floor and it is awful.  The tenants are all TAW without any written agreement that was passed to me at closing.  I am going to implement a no smoking in or on the property policy.

Do I have to have all tenants sign a new TAW rental agreement before I can implement this?

Thanks!

[Nathan Gesner]

I suggest you give them 30 days notice to vacate (or whatever you are required in your area) and then go clean/renovate the place and start over. If they've lived there for any length of time, it will be difficult to get them to break the habit, even with a written agreement. And if the unit already smells of smoke, how will you prove if they are still smoking inside or not.

Run it like a business and do what you have to do to protect your investment. That doesn't mean you have to be heartless. If your market is tough and they need 60 days to find a suitable place to live, give them the extra time. But stand firm on your desire to move them out, clean/renovate the unit, and start fresh.