What does the community say about a prospective tenant?

[Tony Salemi]

I have a upper/lower duplex (I have owned for 2.5 years) and am looking at new tenants for the upper as the current tenant is moving out of state  My lower tenant is a long term tenant that keeps the property in show home condition at all times.  She is however a little "sensitive".  I wouldn't say a complainer, but she'll mention when the upstairs tenant had her TV too loud, or if the landscapers are a day or two late on a given week, or other little things.  

My best prospective tenant for the upper unit has felony from 10 years ago for possession of controlled substance.  That alone doesn't bother me since her record is clean since.  I am a very fast (and accurate) read of people. She has 2 jobs, car was immaculate, well spoken, etc.  She is heavily involved in AA which I respect greatly.  I believe she would make a decent tenant. 

Here's the questions:  She is a smoker.  My buildings are absolutely non-smoking and the lease indicates smoking indoors is grounds for eviction.  She says she only smokes outdoors and I believe her.  My concern is that she's on the common porch (especially in winter or rain) smoking and I'm getting complaints from the other tenant.  Or worse, she doesn't like it and moves. 

Also, a quick public records check shows an arrest from January for controlled substance she didn't mention.  was dismissed based on involvement with AA/treatment  (nothing between 2011 and 2020).  I believe I can't ask about an arrest, only about convictions.  But I'm a little disappointed she didn't mention it.  Why come clean about your past only to leave out this detail?

So what say you my trusted RE friends?  Give her a shot?