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.