The OP was asking a legitimate question looking for help and advice and one of the reasons BP has been so successful and frankly instrumental in my business, because people can come here and not get smoke blown up their skirt.Best of luck to you.Stephanie@Ben Leybovich  Thanks for the shout out.

When using the fireplace, Tenant agrees to:a.not leave burning materials unattended.b.keep all burnable objects at a safe distance from flame or surround.c.make appropriate use of fireplace damper and spark screen, so as not to allow smoke to flow into the room or sparks to fly out of the fireplace.d.use only seasoned firewood or manufactured logs in the fireplace.e.not burn paper, plastics or other materials.f.keep fireplace clean of ashes.g.dispose of ashes in a safe manner by waiting until ashes completely cool and by placing them in a metal container prior to disposal.

Then the usual little things like batteries for smoke detectors, bulbs, etc. 

Tenant must test smoke alarms every 6 months and notify landlord of non-function. 

On one side of the property is a Cigar Shop with a smoking lounge.

@Jay Hinrichs I have the property under contract for $250,000 which I thought was a smoking deal, but if the city demands a tear down and removal then it could cost up to $1 million, making this a not so great deal. 

- Credit score needs to be 620+- Does the tenant smoke or vape?

I called her to inform her that my neighbors from downstairs are smoking and the odor is going upstairs (to my apartment) and she rejected my call.

It sounds like they're blowing smoke.  

We actually terminated their lease and we don't have to cite any specific reason in NC, we just have to give 7 days notice, but we did let them know that they had three clear lease infractions. 1) Drugs are not permitted 2) they were smoking on the property/in the house and 3) their renters insurance had expired.