Tenant Smoking in Unit Breaking Lease

[Austin Faux]

I've got a tenant that is smoking cigarettes and weed in the unit, both of which violate his lease agreement.  I haven't approached him yet because I'm not exactly sure what's the best way to do it.  I've been lucky so far and have only had good tenants in my units so I haven't had to really do something like this yet.  He does get government veteran housing assistance.  I'm in Denver, Colorado by the way.  Any tips?  I've got a feeling we'll have to evict him sooner than later because of some additional things.

Thanks,

Austin-

[Bill S.]

@Austin Faux there is no golden bullet. A couple of thoughts.

1) You can issue a "notice to quit" which would state he has to stop smoking in the unit. I would avoid the whole weed issue unless you know he doesn't have a VA disability and a medical MJ card. You can only evict him if he repeatedly violates the notice to quit (this takes time). Get a landlord attorney to help you with this. It's not going to be cheap or easy although since smoking is unpopular you might get more traction with the court on this. You will have to have proof for the court that he has repeated violated the lease and has done so after each notice to quit. That is the tough part. Perhaps the other tenant will take time out of their day to come to court and testify for you. :)

2) I would try a happy clause. It goes like this, "You don't seem happy here (you are violating the lease) so you have 3 days to accept this get out of jail free card and move by Feb 1 (no fees or ETFs) or I will take this to the courts." Get everything in writing. Give him something like 24 or 48 hours to accept your agreement and sign the agreement that the lease is ending Jan 31 and he will be out by that date. 

You will not likely get performance. It's darn cold outside and no matter how much people tell you they only smoke outside, when it's below zero and you have to have cigarette it's going to be very hard to go outside to curb that appetite.

Know this, smoking is not a protected class. I do not advertise smoke free and have a place on my application that asks if they smoke. My screening also covers this with previous landlords. Coincidentally I don't have any smokers. Funny how all that works out.  

Let us know how things turn out.