Skip to content
×
PRO
Pro Members Get Full Access!
Get off the sidelines and take action in real estate investing with BiggerPockets Pro. Our comprehensive suite of tools and resources minimize mistakes, support informed decisions, and propel you to success.
Advanced networking features
Market and Deal Finder tools
Property analysis calculators
Landlord Command Center
$0
TODAY
$69.00/month when billed monthly.
$32.50/month when billed annually.
7 day free trial. Cancel anytime
Already a Pro Member? Sign in here

Join Over 3 Million Real Estate Investors

Create a free BiggerPockets account to comment, participate, and connect with over 3 million real estate investors.
Use your real name
By signing up, you indicate that you agree to the BiggerPockets Terms & Conditions.
The community here is like my own little personal real estate army that I can depend upon to help me through ANY problems I come across.
Texas Real Estate Q&A Discussion Forum
All Forum Categories
Followed Discussions
Followed Categories
Followed People
Followed Locations
Market News & Data
General Info
Real Estate Strategies
Landlording & Rental Properties
Real Estate Professionals
Financial, Tax, & Legal
Real Estate Classifieds
Reviews & Feedback

Updated almost 5 years ago,

User Stats

59
Posts
134
Votes
Molly Morlino
  • Johnson City, TX
134
Votes |
59
Posts

Eviction Due to SMOKING lease violation

Molly Morlino
  • Johnson City, TX
Posted

We've owned our rentals (built from the ground up) for almost 2 years now and the time as come to eviction someone.  Not happy... I really like this tenant and have no other issues whatsoever.  They are pleasant, pay their rent on time, good neighbors, etc.

But they - or their partner (not on the lease, visiting) are smoking.

The lease very specifically states:

NON-SMOKING PROPERTY: Lessee understands that the entire property, including inside and outside premises, is a non-smoking zone and will strictly adhere to this policy. This restriction includes the use of e-cigarettes and vaping. Any violation will result in eviction with no warnings or exceptions. No tenants or visitors may smoke on this property. It is the obligation of the Lessee to inform visitors of this policy. Lessee will be held responsible for violations by their visitors.


On June 22nd we were mowing the lawn and power washing the porch and I saw that there were cigarette butts in a chiminea on her front porch.  I took a picture, texted her and told her that this was grounds for eviction and to please read section 26 of her lease (and included a photo this section of the lease).  She immediately texted back and said "Those are left over from my old house when I brought it over. I do not smoke and haven't at this new property. I will clean them out."  I was hesitant but thought that they did look old.  

Well we went to mow today (7/4/19) and I saw that she had cleaned it out but there were 2 more cigarette butts in it.

So, it's clear we have to go ahead and follow eviction.  But, here's what I'm wondering...

How many days do we give her after we serve her with a notice to vacate?   Then, what do we do with the security deposit and the rent for July 2019 (paid in full)?

Any experience or advice out there?

Loading replies...