How to enforce a 'no smoking' policy in Chicago

Question

Hi. I am a live-in landlord to a 2-unit here. I suspect my tenant is smoking cigarettes in the unit below. It is a high end rental, and I planned to move in eventually, so I cannot tolerate this.

I added a 'no smoking in unit' clause to our lease, which they signed. The other day I was in their unit for an unrelated reason and the basement clearly smelled like cigarette smoke. I asked his partner if they were smoking, and she (verbally) admitted they were smoking marijuana in there, but denied cigarettes. I have never seen them outside smoking cigarettes. One time I smelled an old ash tray emptied into our garbage, but again they don't smoke outside. So where else would they be smoking but inside?

I'm absent any 'hard' evidence of them smoking, but I am almost certain they are. How should I proceed? They have 5 months left on the lease. I don't really want to wait that long if they are smoking. I would prefer them to leave early. Do I have grounds to terminate? They already admitted to smoking MJ, but it's really the cigarettes I don't want. But I don't have them admitting to that in writing or recording. How would you proceed in this situation?

Brendan M. · Answer

@Mark Ainley @Tom Shallcross @Brie Schmidt @Henry Lazerow@Jonathan Klemm

Since this thread is on smoking, I don't have any specific language in my lease but I use the CAR lease for 2022.

Is there any clause I can refer to that doesn't allow smoking? I think moving forward I'll just have a separate specific part of the lease that addresses this, or potentially add an addendum to my current leases.

Thoughts?

I'm thinking one of the following:

10. Tenant Maintenance Obligations. Tenant shall maintain the Premises in aclean, presentable and safe condition at all times and in accordance with all health,safety and building code regulations.

PUBLIC HEALTH(410 ILCS 82/) Smoke Free Illinois Act.

"Private residence" means the part of a structure used as a dwelling, including, without limitation: a private home, townhouse, condominium, apartment, mobile home, vacation home, cabin, or cottage.

Damages and Negligence. Tenant shall be liable for any damage done to thepremises as a result of Tenant's or Tenant’s invitees,

No unsightly or unsanitary practice which could undermine the sanitation, healthor appearance of the building interior or exterior shall be permitted.

13. No activity carried on within the Premises or common areas of the property willbe permitted which threatens the health, safety or property of any building occupant,or of Landlord.

Tom Shallcross · Answer

@Kurt S. - getting a paying tenant out in under 5 months in Chicago is not a realistic option unless you are going to offer cash for keys. Maybe offer some incentive to break the lease early as 5 months from now is also October so you're passed the typical "renting season" in Chicago. Can def still lease up a unit in October, but you'll have a much bigger pool of renters in the better weather season.

As @Caroline Gerardo mentioned, if the lease clause calls out a $ fine per incident, enforce it. If you don't have a fine amount, have your attorney write up some type of formal letter warning them they are in violation of the lease and if caught again you will look to terminate or seek damages (or whatever your attorney thinks is best based upon how your lease was originally drawn up). If caught in the act, you can serve them with notice which may be enough to discourage the actions moving forward, however if they want to take you up on that and ride it out, it won't be done before the lease is up.

John Warren · Answer

@Brendan M. I have gotten mixed info about this from attorneys, but I am going to be putting a rider together next year for our leases for this very reason.

Brendan M. · Answer

@John Warren

Thanks. I'm not really looking for legal advice. Moreso, just something I can point to where I can tell a tenant "Hey, the lease doesn't allow smoking because of..."

Will it stand up in court? Who knows. But I'm not arguing this in a court of law, just want to give the impression to tenants that it's not allowed. I'm not evicting.

Anyways, I'll be writing this into leases moving forward, but just wanted people's perspectives.

John Warren · Answer

@Brendan M. to get that specific, you would have to speak with an attorney as you are asking legal advice. All of the fantastic folks above won't be able to give you an answer.

I can chime in along with everyone else and tell you that you are chasing your tale here. It stinks, but in Chicago you just don't have many management options that aren't the nuclear option of eviction. Evictions take 6 months in a perfect world, and tenants know this.

I would just focus on not renewing the lease. Also, go have a conversation with them that you are going to do this. Management involves some rough conversations, but after having had dozens of them I can tell you that your relationship with these folks won't be worse, and it might actually improve.

Caroline Gerardo · Answer

I don't like the smell either BUT you have a paying tenant. I would fine them and see if they pay it. (see if the pasta sticks on the wall like $200 per incident for smoke each time you discover the smell or have evidence)

Mark Ainley · Answer

@Jonathan Klemm it is a tough one because you cant sit there and baby sit all day and night.  @Kurt S. You have a couple of options:

1. Have candid conversation with them / Hang no smoking signs / Be sure future leases have no smoking in it

2. Serve a 10 day notice to quit which basically says I will file for eviction if I cant tell you stopped

Jonathan Klemm · Answer

@Kurt S. - This is a tough one and probably something isn't going away.  If it is in the lease and you can smell then you should cite the lease and send them a letter like @Crystal Smith mentioned.

I am sure @Mark Ainley or @Brie Schmidt have delt with this in the past and have some good advice.

Henry Lazerow · Answer

Just charge them a cleaning fee when their lease ends. If they pay the fine great if not its a few hundred dollars and not a big deal.  Notify them now in writing that if you suspect smoking again there will be a fine with the dollar amount.

How to enforce a 'no smoking' policy in Chicago

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