New Owner, No smoking duplex, new smoking tenant

[Tom Martin]

I purchased an older duplex with 1st and 2nd floor units. I purchased it for my brother and rented the upstairs unit.  My brother passed after only 10 months.

Long story short, my brother smoked on a screened porch, never inside.  Upstairs tenant never had issues with smoke inside.  Unfortunately I just rented the downstairs unit to a smoker because he swore he never smokes inside because of his young children. I mistakenly verbally told new tenant he could smoke on the porch. You guessed it, on day 1 upstairs tenant is complaining about smoke inside.

I spoke to new guy several times and he swore on his daughters lives he wasn't smoking inside, but 2nd floor started complaining as soon as new guy comes home from work.

Now, I have sent 2 letters, the first saying what the lease says (no smoking inside or out) but if the complaints stopped then he wouldn't hear from me again, i.e. smoke on the porch and you can live your life.  That failed.

The second letter simply said I have discussed it with you without any resolution, so follow the lease, no smoking anywhere, else I will apply for eviction.

Did I screw myself by trying to be 'reasonable'?  Or is the lease the end all be all regardless of what I said verbally?

Lesson learned, gonna rewrite my leases for next time and have zero tolerance to violations.