Landlord Question and Answer Forum

One tenant claims smoke is coming into his unit from the other side of the duplex. He says that one point of entry is the HVAC vent between two bedrooms. Our HVAC tech says that is not possible as the ducks are sealed. Then he says its wall plugs on joint wall. We seal all electrical outlets and one pipe outlet on wall even though there is a fire wall between the units. We give notice to the smoking tenant that he can not smoke in the apt and in violation of lease. However this is a very ill older man who is in hospice care right now due to health . Think this is a eviction problem. But we have found smoke in his apt. I have release non smoking tenant from his lease, spoke to smoking tenant about the laws regarding adverse conditions, ie cigarette smoke, inflected on his neighbors. Have text messages of all correspondences. Happened again & non smoking tenant is now calling the building code people where the duplex is located and is determined I fix this one way or the other. I also wonder if his college age son is possibility secretly smoking in his bedroom. But can not prove anything. We can not believe smoke that strong is getting in that unit. But we proceed as if it is. Outside of starting an eviction process on the smoking tenant, I am at a loss. Any history or knowledge about this type subject would be greatly appreciated.

I would do a rental inspection on the complaining tenant and the smoking tenants. If you have no smoking in the lease they are not to be smoking in the rental and that is a Lease Violation. The other tenant sounds like they are being dramatic but what I would do is ask to have an inspection with him first and ask him where he is smelling it. Most likely he is smelling it from outside, when people smoke outside it is very easy to smell it from time to time. In my actual home, there are people across the street that smoke on their porch but sometimes ill get a whiff of it in my home randomly (windows closed and all).

Posted by Bea S, SD on Tuesday, January 3, 2017

Great answer, thanks I will do that.

Posted by Pamela F, TX on Tuesday, January 3, 2017

I have the same issue with upstairs/ downstairs tenants. I have lost several good tenants due to the smoke- even though I warn them beforehand. Once in the unit full time they realize the extent of the damage. I am about to lose the third tenant to this and the offending tenant is now on oxygen. I hate to evict them when they obviously have nowhere else to go- but not sure we can wait them out.

Posted by Julie L, VA on Saturday, March 24, 2018