You just can't deny them simply because they belong to a few protected classes.But, that doesn't mean that just because they are in a protected class, that they also can be a smoker or show up late, blah blah.You also have rights as a landlord.

We're probably pickier than many landlords but our focus is on the long term profitability of the property, not just getting someone in there now. eg, we don't rent to smokers, people with cats, etc.

However, we were in the facility (dealing with a so called mice problem by them) a couple days prior and noticed that they had cigarette butts in their rooms in huge ash trays and all smoke detectors had been removed and obviously it smelled like smoke.  

., and the only reason they are broke is because they blow all of their money at the casinos, and on cigarettes and going out to eat or to the bars, etc.If you go ahead and raise her rent to market rent, she will cope.  

So I think that by you wanting to please the upset tenant so much, she is going to be come more of a nuisance to you than the smoker!

And we all know how cigarette smoke clings to everything, including the smoker, so certainly the apartment's smell is not evidence of smoking.I don't want my tenants smoking in my building, but I'm not sure that such a restriction is enforceable.

I even had criteria that would get a tenant denied like: rude behavior, came with rude friends, showed up late without calling, missed an appointment, didn't fill out application completely after being asked to do so up front, smelled like cigarette smoke, had filthy car, just on and on. 

But during my inspection and walking of the place prior to close I can smell the strong odor of cigarettes and have seen the ashtray in his apartment.  

I see her tomorrow afternoon. 33 year old divorced insurance broker, no pets, non smoker, has two young kids 50:50 with her ex.

Take ownership of the property and on that day, give the dope smokers a 30 day notice (or 15 day or whatever the law stipulates).