Topic: Smoking In Non-Smoking Apartments Fines

We have had a "No Smoking" policy in place for new move-ins since August, 2011.

It's in the lease and we have a 2-page addendum to go with it.

We have found 3 apartments smoking, either pot or cigarettes.

My maintenance guy smokes, so he can't smell it. I can, but I'm not in the apartments that often.


If there is no cigarette butt evidence, how can you prove they are smoking by just the smell?

I was thinking of a fine of $200, if evidence is found during routine maintenance or inspection.

I might be able to do the "white glove" test on the window to see if it has tar on it.

I would like to know how other properties handle this lease violation?

Does your lease or addendum speak to what can be counted as "evidence" of smoking? If not, I'd start there, and I'd make smell a part of it. Fines or reason for eviction work well. I live in a non-smoking building (and oversaw the marketing for it during lease up) and often, other residents will witness/smell it and let you know. I actually saw people out on a balcony smoking right after we opened, and let the onsite team know. It was a 3rd party corporate apartment and they had not informed their residents. The 2nd time they were caught, the corporate provider was issued a 21/30 (in the lease for this site, it was grounds for eviction).

Fine the hell out of anyone who smokes in a non smoking apartment. I'm a renter dealing with a smoker and it comes up thru the floor. All my thing stink like it. I have confronted my neighbor about it and they got hostile. I've now had to call the cops on her 3 times since then for being aggressive to my self my wife and my daughter all because I asked her to stop smoking in a non smoking unit

We are already a smoke-free community and have an addendum that we require tenants to follow. Curious what others policy is in regards to smoking on private patios? So far we have let people smoke outside on their patio but are starting to get push back from non-smoking tenants on this issue. Would love to hear other's thoughts/policy on this topic! Thank you for your time. Kate