Every owner of a rental property wants to keep it as clean and livable as possible. One never knows when a current tenant will decide to leave, and it has to be shown again for potential new residents. The last thing a landlord wants to discover is damage from cigarette and marijuana smoking. It is important to know how to detect cigarette smoke in an apartment before it gets out of control. You also need proof before an accusation can be made or any legal action started. If you need help gathering this information, here is how to prove a tenant is smoking.
Having Clear Rules
Before you decide when and how to approach your tenant about smoking indoors, you first need to make sure they have a clear understanding of the rules.
It should be discussed in any interviews that are conducted prior to them moving in. It should also be clearly stated in the lease agreement that they must sign. It is also a good idea to have notices clearly marked on the property.
It is unfair to attempt to have someone removed from a residence or pay for the effects of cigarette smoke if they can claim they were unaware of the rules.
The Smell
The most obvious sign of someone smoking is the smell. There is a very distinct odor that comes from the continued use of cigarettes or marijuana.
Occupants who smoke indoors will try to mask the smell with air fresheners or candles, but the underlying odor will still be there. If they have been smoking for an extended period of time, the smell will be absorbed into the curtains and furniture.
The Stains
Cigarette smoke leaves behind a residue that settles on walls as a yellowing stain. This stain can also show up on the ceiling and around window frames. It can even stain curtains or other fabrics.
In an attempt to hide these stains, a tenant will sometimes try to paint over them. If you do a routine inspection and notice freshly painted walls that you knew nothing about, they might be trying to hide cigarette use.
What most people don’t realize is that cigarette stains will eventually bleed through the fresh paint, and it will have been a waste of time.
An Abundance of Cigarette Butts Outside
If you begin to notice piles of butts lying around outside the home or apartment, that could be a sign your tenant is smoking weed or cigarettes inside. They may want to make it look like they are smoking outside, but the truth is they are probably building up piles in ashtrays inside, and instead of throwing them in the trash, they dump them outside.
Speaking of ashtrays, be on the lookout for them during an inspection or maintenance call. There obviously shouldn’t be any ashtrays sitting around if no one is smoking indoors. Also, an ashtray may not look like an ashtray. Many people use coffee cups or a small bowl to flick their ashes in.
In addition to not wanting the outside of your property to be littered with cigarette butts and look dirty and unkempt, you also want to make sure it is a safe area. Here are ways to improve the security of your complex.
Burn Marks
No matter how careful someone is, eventually someone is going to drop a cigarette and leave a charred spot. This could be on a piece of furniture or the carpet.
This evidence might be hard to spot until after a tenant moves out because they can usually cover up a small spot with a rug on the floor or a pillow on a couch or chair.
Falling asleep with a cigarette still burning in a leading cause of indoor fires. Here is how you can prepare for that and other emergencies.
Ash Build Up
At first glance, ash might just make it look like the occupant needs to do some dusting. However, ash from both cigarettes and marijuana can build up more and more on surfaces in the home.
The most likely places would be windowsills, under photos, or on shelves. Ash residue is harder to wipe away than regular dust, so hard to reach places will still have the evidence. This evidence helps when wanting to know how to tell if someone smokes inside the home.
Can a Landlord Evict a Tenant for Smoking?
The short answer to that question is yes. The important point to note, however, is that there must have been clear rules established and a clear acceptance of those rules.
If you have a signed lease agreement that specifies no smoking is allowed indoors, then you have the right to evict. You must also be able to provide proof though. It can’t just be you think they are smoking. There must be clear evidence presented to prove your case.
There Might Be a Better Way
Instead of using eviction as the first step to solving the problem of smoking indoors, it might help to start with just a conversation about the situation. If you can’t prove it is even happening, you shouldn’t throw out an accusation.
If you do have substantial proof, try having a calm, but reasonable conversation about the issue. Remind them of the rules that they agreed to when signing the lease. Let them know that you are willing to give them another chance, but they need to stop right away.
You should also point out that any damage that is done to the home or apartment caused by cigarettes or marijuana smoking will come directly out of their deposit.
If they are agreeable, you may have solved the problem without any hassle. However, if they continue to break the rules and destroy your property, you are within your rights to start the eviction process.
Now You Know How to Prove a Tenant is Smoking
Your property is a major investment and should be protected as such. Having tenants who smoke inside will create costly damage that can impact the ability to rent in the future and can take time to fix. It is vital you know how to prove a tenant is smoking so you can prevent this from getting out of control.
For more information on property management and how to be an effective landlord, please reach out.
