How To Prove Your Tenants Are Smoking In Their Unit

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.

Preventing Tenants from Smoking in Their Rentals

Preventing tenants from smoking in their units requires clear communication, regular oversight, and offering alternatives. By setting expectations early and monitoring for compliance, you can minimize the likelihood of smoking-related damage.

Have Clear Rules and Lay Them Out in the Contract

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’s essential to ensure the lease agreement specifies that no smoking is allowed indoors and that the consequences of violating this rule are clearly outlined. This will protect you legally and help avoid disputes later on. 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.

Perform Regular Inspections

Conducting regular inspections is one of the best ways to ensure tenants are adhering to the no-smoking policy. These inspections should be scheduled in advance and noted in the lease agreement so tenants are aware. Inspections not only help catch smoking violations early but also serve as a reminder to tenants that the rules are being enforced. Make sure to look for the signs mentioned earlier, like fresh paint or smoke residue.

Provide a Clearly Marked Outdoor Smoking Area

To encourage tenants to smoke outside, it’s a good idea to offer a designated smoking area. This area should be well-marked and located away from doors and windows to avoid smoke drifting inside. By providing a convenient, clearly labeled outdoor smoking space, you encourage tenants to respect your no-smoking policy while still giving them a place to smoke. Make sure the area also has ashtrays, trash cans, and other disposal units to avoid littering.

How to Detect Smoking in an Apartment or Rental Property

Detecting whether a tenant is smoking in their rental unit can be challenging, but there are several telltale signs to look out for. By staying vigilant and knowing what to search for, you can gather the evidence needed to address the situation.

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 is a leading cause of indoor fires. Here is how you can prepare for that and other emergencies.

Ash Buildup

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.

Information from Neighbors

Neighbors can often be a reliable source of information regarding tenant behavior. Encourage other residents to report if they notice smoking-related activity in or around a unit. Be sure to handle this information discreetly to maintain good relations with all tenants. While neighbor reports should not be your sole proof, they can support other evidence of indoor smoking violations.

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.

Handle Smoking Violations Properly with Professional Property Management

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. Fortunately, with the help of a professional property manager, you won’t have to deal with these issues yourself.

A good property manager will:

• Conduct regular inspections to detect smoking and other lease violations early
• Handle the eviction process when tenants repeatedly violate smoking policies
• Enforce lease agreements and implement penalties for rule violations
• Coordinate repairs and clean-ups after damage caused by smoking or other infractions
• Ensure clear communication with tenants to prevent future issues

Whether you need general property management or more specialized commercial property management services, the experts at Genuine Property Management can help. For more information on how you can become a more effective landlord and how we can improve your overall experience as a real estate owner, contact us online or call (949) 209-9494 today!