You have proof they are smoking inside? 

If it were me, I would bite the bullet and hire an eviction attorney immediately.

Of course the further you go back, the more difficult and more supporting proof that is needed.However, there are electronic payment options that are very difficult to reverse.

Tell the tenant that his opinion carries zero weight, so he must submit proof from an ACCEPTABLE expert to support his alleged foundation issue.Until then, he will be held liable for the terms of his lease, to the fullest extent of the law.

@Frank Grumeretz thank you for the update and it sucks you had to go through that with them, I guess I dodged a bullet with the way my deal went down, but nonetheless it was frustrating to find out about the change after business hours the day before closing.

The lender really needs only an MLS listing, copy of contract, proof of ability to close, and an estimated settlement sheet.

I guess what I'm getting at is it seems like our options are either bite the bullet in our next primary residence where we are currently located, understanding the future opportunity to rent for cash flow looks pretty bleak, or look in other states where we would have more buying power and try to find a duplex or sfh that will cash flow off the bat. 

This way my average becomes less than 7 days per stay.At the end of the year I assume to use the short term rental loophole I need to provide Airbnb proof that I averaged 7 days or less.

And as @Jay Hinrichs points out, this is not a bulletproof protection strategy. 

In other words, Rioprop, basically.If you think of it this way:40-10-83 gives you possessory rights and lets you file an ejectment lawsuit with only a tax certificateOther sections address problems with the tax sale, burdens of proof, and tender, all having to do with technicalities of ejectment lawsuitsOne section addresses a statute of limitations with reference to an ejectment lawsuit, and othersThe final section addresses the remedy of awarding legal fees of the taxpayer redeems when ejectment is file.