Regard to rent to smokers

[Yi O.]

I have been a landlord for past 4 years. One of my rental became aviable this April. I met this mid age woman at the property and she seems nice at that time.  Dressed appropriate for the showing, saying it would be her and her boyfriend will be renting.   Things got weird and complicated as time goes on.  

At first, she handed me the deposit dressed up very trailer trash. I saw a pack of cigarette in her purse, so i asked her if anyone smoked, She said her by only smoked outside. and she promised.   Since they are paying 6 month ahead time for the rent. 

At second, when it is time to sign the lease and move in,  they blewed me off saying they forgot. Then asked to reschedule on the same day afternoon,  we signed the lease (non smoking  pet free unit)   

Today, they called me up to asking to check on the AC.  The bf (guy) sounded awfully rude, and questioned if i hire professionally licensed specialist.  I told him Yes  and warned him to not talk to me that way!!   After checked the property, The AC worked fine.  The guy was complaining about the air is not cold enough for his standard.    ( i turned on the AC, the ac unit inside and outside worked just fine. everything worked) .  The whole basement smelled like smoke, and he definitely smoke in the garage. There are dog food bowl and water inside and outside.  When i confirmed with them, they were giving me some bs. (my brother's dog is visiting, and he is only smoking outside)   

This is rough!!!!!   I have never met a dishonest tenant like that!   so discouraging to be a young landlord. 

Please give me some advise.

[Andrew B.]

Originally posted by @Brendon Woirhaye:

@Yi O., you should not discriminate against a smoker, but you can specify that they not smoke on the premises (which I do for most of my rentals).  If you rented without including language in the lease prohibiting smoking, or against pets inside the house, then you likely have no recourse until it is time to re-up the lease or unless they violate some other part of the agreement.  If you do have language prohibiting these, then they are in violation and you can give them a notice to comply and move on to eviction if they don't (please verify the rules and process in your jurisdiction!).

I carry language in my lease agreements now defining the rules as needing to be honored not only by the tenant, co-tenants, and children, but also the tenant's friends, associates, and family.  Its amazing how some people will bend the definition to do whatever they want.

Never take a tenant's "promise" for something you care about.  Have it in the lease or rental agreement.  There are dishonest people out there, and as a landlord you will come across a lot of them - hopefully you can weed them out when you screen them.

Someone paying 6 months in advance is always suspicious in my book.  Bad guys will use this to get into a place because nobody else will rent to them and because they don't have reliable or verifiable income.  

I wish you luck, and from your experience thus far, you're going to need it.

 Disagreed...I've known enough smokers to know that when it gets cold, they smoke inside. "Smoker" is not a protected class, and if you don't want tenants smoking in your unit, I suggest discriminating against them.