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deeeeeleeeeete

NO SMOKING policy - options?

Debbie Downer
10 years ago

I live in upstairs of a two flat and rent out the downstairs. Usually no problem. This new renter has been reminded two or three times now about the no smoking policy - and it was in lease and in all application materials. Takes a certain amt of chutzpah to smoke in a building where the landlord lives there - like, I'm not going to notice or what? LIke, the third time I'm going to change my mind and say OK, I guess I really didnt mean it - go ahead and smoke.

Anyway before giving her the old heave ho, I wanted to find out about electronic cigarettes - is that really an option for a no smoking building? Is there really no odor at all. Even if there's no odor - wouldnt there be stuff in the vapors or do those go mostly into the lungs of the smoker. If there truly is no effect for other people, then that might be a workable option. Ive been googling but not found anything to verify if it really can be considered an allowable option in non-smoking situations - not only rental but other public sitatuions. Anyone with first hand experience?

What a nasty habit. I quit myself about 25 yrs ago - it can be done.

Comments (20)

  • nosoccermom
    10 years ago

    Kashka, I truly feel for you. Second-hand smoke is not only annoying but also dangerous. With respect to e-cigarettes, check out the links below about recent research at the Heidelberg, Germany, Cancer Center and Fraunhoffer Institute

    http://articles.washingtonpost.com/2013-05-28/local/39575362_1_electronic-cigarettes-e-cigarettes-real-cigarettes

    Here is a link that might be useful: second hand smoke particles from e-cigarettes

  • newbuyer2007
    10 years ago

    I agree with ellendi. If you try to come up with compromises they will expect more compromises in the future.

  • kirkhall
    10 years ago

    The warnings should be in writing. Then, you have a record.

  • Debbie Downer
    Original Author
    10 years ago

    Nope, she can't go outside and smoke. No smoking in building OR outside (smoke goes right up into my windows). So for awhile she was standing two inches over the property line in front of the neighbors house, but the other day I saw her back in front of this house.again. Argghhh - come on lady, at least put up a pretense of trying to make it work.

    If the electronic cigs worked (IF) then to my way of thinking, that would be far less offensive than her standing right underneath my windows puffing away.

    So, are yall thinking that it should be OK for her to smoke outside and that its unreasonable to say no smoking anywhere on the property or in the airspace? I suppose I have no jurisdiction over what she does two inches over the property line though.

    Since it's a month to month lease, I dont really need a reason but trying to think of the wording - that I really mean business but thinking I should probably give a warning. Some people with their testing behavior will change when push comes to shove.... sometimes.

  • C Marlin
    10 years ago

    I would give notice to vacate today, but your option depends on the local ordinances. In mine, less than one year, thirty day notice, over one year sixty day notice.

  • nosoccermom
    10 years ago

    Actually, there are a whole bunch of court decisions regarding inside an don condo property. Google for your state/country.

  • stolenidentity
    10 years ago

    "This new renter has been reminded two or three times now about the no smoking policy - and it was in lease and in all application materials."

    The new renter should get asked to leave for breaking the lease agreement. Simple as that.

  • redcurls
    10 years ago

    Do yourself a favor. Give her notice and don't take ANY smokers....even if they promise to go "off-property" to smoke. Won't happen......

  • kirkhall
    10 years ago

    I think the only place she can smoke is OFF your property--sidewalk, neighbor's property, etc. That is what was in her lease. You might find yourself in trouble with the neighbor soon too.

    Just send her off/out.

  • nancylouise5me
    10 years ago

    Don't give any alternatives to your renters. You have a policy in place for a reason. Stick to it! Give her a 30 day notice to vacate(if that is what is required in your state) and be done with it. If she says she will stop, "please just let me stay"...don't you believe it. Get rid of her and move on to a real non-smoker. NancyLouise

  • palimpsest
    10 years ago

    How easy is it going to be to get her out in your locale?

    Here, it would be almost impossible because you would still be in court by the time her lease was over. If you live in an area that is more tenant-based, good luck.

    Here you can get someone out if they are manufacturing drugs in your house, using your house as a brothel, and then stop paying their rent for 90 days, and not much else.

    This post was edited by palimpsest on Fri, Jul 26, 13 at 12:06

  • lazy_gardens
    10 years ago

    If it's month to month, just give her notice of non-renewal and get her out of there.

  • maddielee
    10 years ago

    ???

    Even if the electronic cigs were 'an option', how do you think you are going to get the renter to change to them?

    If the property is no smoking. Keep it no smoking before you have to do extensive cleanup in the unit before renting it to a non-smoker.

    ML

  • FmrQuahog
    10 years ago

    Leave a copy of Steven King's short story, "Quitters Inc.", in your tenant's mailbox. That ought to do it!

  • StrongWind
    10 years ago

    Only option I would give her, is no smoking, or no apartment. I used to own several rentals. I understand you don't want to confront her, especially if you are living close, but you have to say something. If you don't say something to her, she will continue to smoke..and who knows what else she will try to get away with.

  • summersrhythm_z6a
    5 years ago

    I know this is an old thread. Just wondering what happened, did you get her out?

  • summersrhythm_z6a
    5 years ago

    We are looking for new renters at this moment, the apartment for rent is listed as no smoking no pets. One smoker called for a view, she said her family smoke outside not inside. To some smokers, no smoking means no smoking inside. I just found that out.

  • PRO
    Anglophilia
    5 years ago

    I rented a vacation house for 1 wk this year that had purchased "no smoking" signs on every table in the house! Fine with me - I wouldn't want to rent a house where there had been smokers,

  • summersrhythm_z6a
    5 years ago
    last modified: 5 years ago

    That's a good idea, have to purchase some "no smoking" signs for the apartments. Thanks!