We had a similar situation. I approached the tenant and reminded them it’s a non smoking unit and the smell stays in the unit and is offensive to other tenants. The very fact that we could smell smoke was sufficient evidence of smoking and the tenant admitted to the smoking. That’s a violation of our no smoking lease and is cause for termination. The tenant didn’t want to be terminated. We told the tenant we need to remediate immediately and ozone treat both the upstairs and downstairs unit, and he would be charged for it. Fortunately, the upstairs unit was empty for the next 2 weeks. The smoking tenant had to move out for 2 days while the ozone treatment was completed. The tenant paid the 400 dollars and continued to smoke, but likely smoked off the premises so at least no more smoke inside the house. Our lease clearly states no smoking in the premises. The tenant had 5 mos left on the lease and moved out at the end of the lease. Having to pay 400 dollars and moving out for 2 days proved to be a sufficient deterrent to stop the smoking on the premises. If you don’t stop the smoking, non smoking tenants will smell the smoke and not rent your place, or move out, which will cost you money. Your diligence in screening tenants will prevent most of these issues from happening. Such as not renting to people who smoke. Calling their previous 2 landlords will help.
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