Landlord Question and Answer Forum

The tenant that we rented our home to is a smoker. When filling out the Rental Lease Application, he stated that he did not smoke. My neighbors have told me that they smoke outside and even have a standing ashtray between their porch furniture on the back porch. They stated that they have smoked from day one. Since there is no clause on the rental agreement about future tenants being non-smokers, am I screwed? On the application (where he stated he did not smoke) it does state that: "All the information given above is true and correct and understand that my rental or lease agreement may be terminated if I/we have made any false or incomplete statement in this application."

This would be a hard one to dispute. First, there could be the argument that he did not smoke at the time of the application. Secondly, this type of rule should be specified in the lease itself. You may try and change the rule by sending written correspondence. Although it seems that the smoking is being done outside; but if your tenant is leaving a mess or causing problems by smoking outside, you may be able to send a nuisance notice.

Posted by Denise S, PA on Wednesday, July 22, 2009

Thanks for the information Denise!

Posted by Brian and Julie W, UT on Wednesday, July 22, 2009

If they do smoke inside you can actually charge them for smoke damage if their is considerable nicotine residue on the walls. To prove it I would take a solution of 1:10 bleach to water and clean a small area. If there is a huge noticeable difference then that is above normal wear and tear in an apartment and charge them a percentage or whatever your state allows you to charge for repainting since some states require new paint between tenants for health reasons.

Posted by Brian C, NJ on Wednesday, July 29, 2009

If they are doing something contrary to what they claimed in their rental application you could have grounds for an eviction. See an attorney. Your tenant misrepresented themselves on their application thereby perhaps making the contract null and void. In a round about way without seeming discriminatory towards smokers You maybe able to something along the lines of "my decision to rent to this tenant was heavily weighed on this fact". Good luck

Posted by Balkys S, MA on Wednesday, August 26, 2009