Tenant Planting Incense sticks in the hallway of the Building

[Jeremy Anan]

Hello BP, I have a tenant in a 7-unit building planting Incense sticks in the hallway (by the stairs). The damage is obvious on the picture. I was able to find out the offender and asked her to stop. Just wondering how else I could handle the issue! Thanks for your input.

[Patricia Steiner]

Sounds like you did pretty great on your own in resolving this.  I do recommend sending her a Notice of Quit for Reason Other Than Non-Payment of Rent. It basically let's her know that she is in violation of her lease (causing damage to the property, creating a fire hazard, inappropriate use of common area) and that she either quits/cures or will be evicted.  It formalizes what you told her and if she fails to comply, you can offset her security deposit for damages and evict her. Since it's a violation other than non-payment of rent, the eviction moratorium would not apply.

Again, you handled it well.  I would formalize it to ensure that you don't have to handle it again.