Annapolis, MD · Member since 2015 · 12 posts · 2 votes
Hi - Would appreciate some advice.
I bought a fully renovated townhouse, tenants moved in, 6 months ago I saw an ashtray, tenant said she smoked in the basement when it snowed. I wrote/talked to her that in the lease she cannot smoke in the house or would be evicted. She said she would not smoke again.
A handyman yesterday told me the place smells like someone has smoked. (I will go there in the next day or so to check for myself.) If there are no visible signs of smoking (ash tray, etc) do I have to prove they smoked recently/how do I prove it if I want to evict/tell them to leave?
Real Estate Broker · Rochester Hills, MI · Member since 2009 · 2k+ posts · 2k+ votes
5y
Well, keep in mind that evicting may not be possible at this moment. You may want to adjust your strategy with the tenant from that perspective. have the handyman send you an email, text letter saying the house smelled like smoke and someone is clearly smoking in the home. Then you go and now you have 2 people who say there is smoking going on. Your nose knows, you don't need more "proof" than that.
That said, getting her out with the moratorium in place for smoking may be the difficult part.
Does your lease have a penalty if it is broken other than eviction? Smoke and pay X fine?
Investor · Tempe, AZ · Member since 2018 · 1k+ posts · 731 votes
5y
@Annie Bollini, smoking can be tough to prove unless you actually catch them in the act. That smoke lingers onto clothing and can easily be brought inside. I've seen landlords here on BP state their own smoking habits outside of the house and it lingering inside.
Scott brought up solid points. Especially having the handyman confirm it. Tenants are less likely to hide items from a handyman.
My only fear with a smoke penalty/fee: when people know the penalty, they often decide it's worth it. If you state a $500 fee, for example, that's $500 over an entire year of smoking inside. Easy choice for me, if I smoked.