How To Enforce A No Smoking Policy In Lease?
What kind of proof do I need to enforce a no smoking policy in a lease? My tenant lives right next doot to me and I can smell the smoke coming through the walls. In the lease I have with my tenant, it states this:
Tenant shall prohibit smoking by his/her household members or guests while on the premises. It is the tenant’s responsibility to inform his/her guests of the no-smoking portion of this lease. Smoking by the tenant, a member of his/her household, or his/her guests while on the premises is a violation of this lease. Due to the increased costs in cleaning the premises, the higher risk of fire, and the danger to the health of other occupants of the building, violation of this provision will result in an additional rent due at the rate of $50 per month which may be assessed at the end of the lease term or at any time landlord discovers such a violation of this lease.
What kind of proof do i need to issue a lease violation notice?
Document the dates and times you smell cigarette smoke, issue your tenant a warning via certified mail that if there is one more offense he/she will be evicted and charged for cleaning needed to eradicate the smoke smell from the apartment.
i do not know how to enforce this. i doubt that the 50 would be a problem for a smoker. i’m not sure 50 is adequate if you lose your other tenant next door. will you compensate the neighbor a portion of the 50 towards the danger to the health of the other occupants of the building ? i really do not like that statement as i think it acknowledges that you accept / are responsible for the health of other occupents . i think second hand smoke litigation is going to get hotter in the future.
ideally you want two good tenants who keep place clean, quiet and pay on time. non smokers are obviously preferred. it’s such a new area, i’m really not sure how to proceed. perhaps a security deposit that is higher ?
how do hotels with no smoking rooms or airlines enforce this ? are there devices installed in room similar to fire alarms that detect smoke ?
obviously you wouldn’t want one that patches through to 911 . lol. i would try calling a few hotels / other larger apartments chains and see what their polices are.
basically u are telling the tenant they can smoke for an extra $50 a month…lol….i am pretty sure that theres like ciaggarete things on the floor and they cant really say there not smoking cuz u live right next door……..to be really mean get a good insurance on ur building…make sure the tenanant is not home.. light a pack of ciaggaretes on fire and through them in the window….when the place burns down you can blame it on their smoking…lol..jk
try to take a picture