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If it isn’t in the lease, I don’t know how you’re going to enforce it. Just because it is in the rental application doesn’t mean much. My view, OP, is that you should update your leases. But even if you did, and I know the Chicago market well, let’s just say it is beyond tenant friendly. But before we liquidated our Chicago portfolio, I was more or less happy to get paid after COVID hit and the courts were backed up. But “no smoking” has to be in the lease or you don’t really have a leg to stand on, as they say.
Thank you that’s good to know and I like that clause Idea
Mentor
Since they indicated in the rental app that they didn’t smoke, I think you can let them know that your expectation was that there wouldn’t be smoking in the property. Did you ad say “no smoking” When does your lease renew? My lease is explicit that smoking is not permitted anywhere on the property and my ad says that the property is “strictly non-smoking”.
My ad did say no smoking in the property. The lease just started and this is my first time renting out so obviously it’s a lesson learned.
I had this same error on my first rental. But the tenants ended up staying 8 years and paid on time every month. When they left, everything had to be painted and I think we redid the carpet. In the end, I would rather have had the long term tenants.
I didn’t charge them but they didn’t get their deposit back. The whole interior had to be repainted with a layer of primer first. Walls and ceilings. There was a very noticeable yellow on the walls and clear squares where the picture hung.
Bonus points if you know how to address this in Chicago, my multiunit is in Chicago
I have it written in the lease.
Go pay a visit to the unit and see if it smells like smoke. If it does then tell them and also send them a notice about not smoking.
Thank you for that idea. I guess my concern is I don’t want smoking on the property not in the unit, front yard, or back yard. He’s smoking in the backyard which is not in the unit itself and I believe (I have to double check) is throwing cigarette buds along the side of it.
Am I being to Nick picky if it’s outside the unit but in the back yard?
The unit specifically states non smokers and his application said he didn’t smoke. Yes of course I know people lie but that was one of the factors on why I picked them as a tenant because of the non smoking.
So far they’ve paid on time, and I think they’ll be good tenants (they just started the lease and are moving in).
Part of me is thinking hold off.
But another part of me is thinking set the tone and rules early on.
Say it in a way that doesn’t waste anyone’s time
Why do you think you have a right to tell your tenant they can’t smoke when it’s not prohibited in the lease?
Whether they answered they smoke at the time of signing the lease doesn’t matter, they could have changed their mind (or lied, it doesn’t matter)