Tenant is smoking weed what can I do?

[Shane Welch]

Short story for context.

Duplex, up/down. Upstairs tenant does has not paid rent since I purchased home in Feb. Started the eviction process in March, and due to covid the eviction date was pushed to July 8th (yay for me).

My downstairs tenant the other day asked if she could get out of the lease a month or two early, because the upstairs tenant is smoking weed so heavily (illegal in Virginia), that the smell is starting to come through downstairs tenants AC ducts, and she was two young kids. I am already in the eviction process waiting just a bit over a week now, my questions are:

Is there anything I can do right now?

If there is nothing I can do till Court, how can I better prepare for this?

Is there any way to have her escorted out of the property sooner than normal due to the illegal substance use and health affects on the tenants kids below?

Thank you, i have never dealt with a situation like this so anything helps.