Have you dealt with smoking complaints?

[Marty Bauer]

I have one tenant in a duplex who complains about the other tenant smoking in the house. The first tenant says their stuff smells like cigarettes all the time as a result (they live above the suspected smokers).

The smoker denies they smoke in or around the house, but I’ve seen the cigarettes around the house and have reason to believe the complaint.

The lease clearly says no smoking allowed in the house or within 30 ft of the structure. I’ve also reminded everyone multiple times about the no smoking rules.

Have you dealt with this kind of issue before?

How did or would you handle?

Thanks!

[Patricia Steiner]

Send a notice of lease violation (in my state, it's known as a Notice To Quit for Reason Other Than Non-Payment of Rent).  It puts the tenant on record that they violated the lease term, no need to discuss/debate it, "you're busted," do it again and you'll be evicted.  I would also document the complaints and your discovery of cigarette butts on the property - to use in offsetting the security deposit at the end of the lease.  And, refuse to discuss it. All that "liar, liar, pants on fire" stuff isn't worthy of your time or attention.