Question …. ???? A tenant continues to smoke in our non-smoking...

Question …. ????
A tenant continues to smoke in our non-smoking apartment building.
She has received several warnings.
Can we evict and additionally collect the rent for the remainder of her lease?
Any advice is welcome.
Thank you ????

Guest Insider Yes send a 5 day notice to vacate

Guest Insider If you have a no smoking clause in your lease then you would violate her. Give a 14/30. If she violates with in the 14 days then it turns into a 30 day. She would be responsible for rent until it is re-rented. Keep receipts for everything it takes to get that home rent ready.

Melanie Thompson Yes - as long as it’s stated in the lease and both the tenant and landlord have signed.

Lorri Muhitch Melanie Thompson It is. And both have signed

Melanie Thompson Lorri Muhitch Perfect! Deliver a notice to vacate and just be sure to have all copies of lease violations ready for court

Guest Insider As each state is so very different, this would be a question best asked if your lawyers.

Guest Insider What does the lease say? Do you have a no smoking addendum? Is it apart of the community policies as stated in the lease? If it’s a no smoking property I am sure you do, I would take this to your landlord attorney with all of the lease violations given and pursue an eviction. You’ll need as much proof as you can get, and evictions that are not for non payment are a little bit more expensive and harder to prove but it can be done

Guest Insider Yes, she is violating your policy and as long as you have all documented, evict her.
Charge her the early term fees and any and all damages she caused.

Dave Scruggs Yes, I have several times.

Guest Insider Yes , just follow the rules of the lease

Guest Insider Its all in how the lease reads. Get with your manager and or property attorney before proceeding.

Guest Insider In our state you can, but you definitely won't get the payout of the lease. Matter of fact if you file it should stop there until going to court because some magistrates can be funky. Now this is here and don't know where you are.

Teresa Fabbro Once eviction is done rent stops. You can not collect for remainder of lease.

Guest Insider Definitely best to speak with your attorney as it depends on the state and your lease.

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