Tenant’s guest is smoking and loud

General Landlording & Rental Properties
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Tenant’s guest is smoking and loud

Vanessa S.
Rental Property Investor · Southern CA · Member since 2017 · 25 posts · 2 votes

Hello everyone- I thought I found a great tenant but my upstairs neighbors have complained that the tenant’s guest smokes cigarettes and marijuana in the patio and the smoke drifts up into their unit. Per my rental agreement, there is a clause that specifically says “smoking and drug use are prohibited.” It further states that if the tenant or tenant’s guests are in violation of the rental agreement, this is grounds for termination.

Furthermore, the upstairs neighbors says the same guest of the tenant plays video games really loudly and they can hear the noise from that.

These complaints relate to the guest and not the tenant. The tenant herself is extremely nice and met all of my criteria when I screened her. The issues lie with her guest.

I’ve never encountered a tenant blatantly violating the rental agreement with smoking. I realize her argument will be the smoking takes place outside but my issue with that is the smoke and its odor can be brought in through clothing, hair and if the windows of the building are opened.

How would you proceed with this? What steps should be taken to ensure a swift resolution?

Thanks in advance!

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Dominic A.
Property Manager · Nova Scotia · Member since 2021 · 78 posts · 52 votes
5y

@Vanessa S.

Great replies so far 👍

This is a violation of the lease. Have a polite conversation about the violation and hand them a written notice (or follow up with a summary email if your state counts that as valid notice).

I can’t speak to your specific lease, but usually anyone who stays there longer than 3-5 days is technically supposed to be on the lease in some way. This is usually a grey area, and not something landlords enforce unless they have reason to, but you should make it clear (nicely) that the behavior of the guest constitutes reason to enforce such rules.

You are usually within rights to ban someone (who is not on the lease) from your property as well. Particularly if they pose a safety or health threat to other tenants or neighbors.

This doesn’t need to be (and shouldn’t become) a big issue; but proceeded with the knowledge that you have a few options and are within rights.

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  • Theresa HarrisPro Member
    Member since 2019 · 15k+ posts · 11k+ votes
    5y

    The tenant is responsible for their guests.  Talk to the tenant and explain the rules of the lease and tell them they need to follow them.  Suggest that they go to the loud guest's place to play games.

    0Reply
  • Vanessa S.
    OP
    Rental Property Investor · Southern CA · Member since 2017 · 25 posts · 2 votes
    5y

    @Theresa Harris Thank you! What method of communication would you suggest? A phone call first followed by a follow up email?

    0Reply
  • Theresa HarrisPro Member
    Member since 2019 · 15k+ posts · 11k+ votes
    5y

    I'd start by talking to them either by phone or in person. In person is a bit easier as you can also give them a copy of the relevant information.

    0Reply
  • Patricia Steiner
    Real Estate Broker · Hyde Park Tampa, FL · Member since 2019 · 2k+ posts · 3k+ votes
    5y

    How long has the guest been there?  Most leases only allow for three days or so.  I would give the tenant a verbal notice and suggest that visiting hours are over.  A Notice To Quit would be the next BIG step that let's the tenant know that it either stops immediately or eviction will begin.  Manage to your lease.  

    0Reply
  • Aj Parikh
    Rental Property Investor · Centreville, VA · Member since 2019 · 1k+ posts · 799 votes
    5y

    If your lease says, smoking is prohibited on the premises then they shouldn't be smoking at all anywhere near the property. Also, if you are getting complaints from the neighbors then you should send them an official notice to stop the smoking since they are violating the lease. 

    0Reply
  • Dominic A.
    Property Manager · Nova Scotia · Member since 2021 · 78 posts · 52 votes
    5y

    @Vanessa S.

    Great replies so far 👍

    This is a violation of the lease. Have a polite conversation about the violation and hand them a written notice (or follow up with a summary email if your state counts that as valid notice).

    I can’t speak to your specific lease, but usually anyone who stays there longer than 3-5 days is technically supposed to be on the lease in some way. This is usually a grey area, and not something landlords enforce unless they have reason to, but you should make it clear (nicely) that the behavior of the guest constitutes reason to enforce such rules.

    You are usually within rights to ban someone (who is not on the lease) from your property as well. Particularly if they pose a safety or health threat to other tenants or neighbors.

    This doesn’t need to be (and shouldn’t become) a big issue; but proceeded with the knowledge that you have a few options and are within rights.

    1Reply
  • Vanessa S.
    OP
    Rental Property Investor · Southern CA · Member since 2017 · 25 posts · 2 votes
    5y

    Thank you to everyone who provided feedback!

    I had a phone conversation with the tenant who denied having a guest who smoked, cigarettes or otherwise. She admitted the video gaming might be loud and said she would turn down the volume. I reminded her the property has shared walls so it’s something everyone needs to be aware of.

    As to the denial of having a guest who smokes, I reminded her of the lease agreement clauses speaking to smoking being prohibited and the fact that the tenancy can be terminated if her guest is in violation of the lease agreement,

    It was a friendly call as I didn’t want to be antagonistic about this...yet. I informed her these are complaints coming from more than one neighbor and having been a long time owner/landlord, my neighbors and I have a long standing relationship.

    At this point, she knows I am onto her and her guest’s antics and I won’t tolerate it from a health standpoint with the drifting second hand smoke.

    So, that’s the update there. I hope this is the first and last time this will be an issue.

    0Reply
  • Eli Konig
    Member since 2020 · 41 posts · 21 votes
    5y

    If they denied then you are in A good position. let them lie so they should live up to it.

    0Reply
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