Possible Smoking in Unit

[Bradford Myatt]

Hey All, I've approached a potential problem and I was hoping for some feedback from anyone who has been there before. I recently purchased a MFH and inherited a first floor tenant. I purchased the property from an owner who managed the property from afar and didn't have much oversight as to the property. My realtor informed me that the downstairs tenant, whom I inherited, had a history of smoking in the unit. I clearly pointed out in the lease and affirmed to the tenant that smoking is not allowed. A new upstairs tenant moved in and has been complaining that she smells smoke from the downstairs tenant. When I ask the downstairs tenant she denies smoking in the unit, and claims it might be her candles we are smelling. What course of action do I have? I have already verbally and in writing reminded the tenants of the smoking policy. Any ideas?

[Marcia Maynard]

If it is nicotine, it will make things yellow. When I suspect smoking in a unit, I do a "maintenance inspection". During the inspection I change the furnace filter. If there has been smoking in the unit, there will be proof of it there.... a dingy yellow color compared to other units whose filters show a dingy grey. Also, I take a disinfectant wipe and I wipe around door frames and window frames and of walls/ceilings that may collect smoke, such as a hallway. If the wipe shows the tell-tale yellow I've more evidence. Most will fess up at this point.

Most smokers can not smell the smoke and are baffled that non-smokers actually do spot it so easily. They often will try to cover up the odor with air fresheners and scented candles. If I ask them if anyone has been smoking on the premises (we don't allow smoking inside or outside) they will most likely deny it. Instead, I tell them I smell cigarette smoke and I will wait for their reaction (non-verbal as well as what they might say) and I'll usually see a response that confirms my suspicion. 

I've found the direct approach works at this point.... "You know and I know there has been smoking inside the apartment. These premises are designated smoke-free and this is a violation of the terms of the rental agreement. There is a $50 fee for breaking the no-smoking policy, which you will need to pay at this time." I serve them a 10-day Notice to Comply and document the incident in their tenant file. I send them an invoice for the fee I am charging. If it becomes a problem again, we start talking about a move-out plan.