How to Enforce a No-Smoking Rule

[Ted Trost]

Hi. 

I've seen many landlords here state that they do not allow smoking in their buildings, and that they prohibit that in their leases.  If you are willing to evict for this type of lease violation (smoking in the apartment), what evidence of smoking can you take to court?

A used ashtray can be explained as "I smoke outside, but I bring the ashtray back in when not smoking so that there isn't a mess outside." And we all know how cigarette smoke clings to everything, including the smoker, so certainly the apartment's smell is not evidence of smoking.

I don't want my tenants smoking in my building, but I'm not sure that such a restriction is enforceable.

[Account Closed]

This is such a hard one.  Normally, they will smell of smoke when you show the unit to them, and it's legal to discriminate against people who smell like smoke.  They are not a protected class :-)

That said, they can still get by you.  The easiest way to deal with it, is to just rent month to month, assuming you don't need "good cause" to terminate the agreement.  Then, just give them their 30 days notice to vacate.

I thought the owner I worked for was weird for not wanting year leases, but he taught me the beautify of M2M agreements.  Once in a while you'll get someone who is looking for a cheaper Extended Stay hotel, who will only stay a month or two.  But, that's actually pretty rare.  

M2M agreements are really a win-win.  So many tenants who want out of leases will all of a sudden become a pain in the rear, with complaints about mold or plumbing or bugs or whatever.  You're wondering what the heck is happening with your property, when it's really about them just wanting out of the lease.

And, you can change the terms of the agreement with just 30 days notice.  As well, as get rid of problem tenants without having to evict for breach of contract, and prove that.

One type of smoke that you may not be able to anticipate is pot smoke.  And it is soooo stinky nowadays!  Smells like a skunk moved under the house.  If you have a M2M agreement, as soon as you smell skunk, just give them notice to move.