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Can landlords evict tenants for smoking in a rental unit?

On Behalf of | Jan 27, 2025 | Landlord/Tenant |

Landlords and tenants often find themselves in conflict with one another because of how a tenant tries to use a rental property. A tenant could engage in illegal activity that could endanger other residents or put the owner’s interest in the property at risk. Other times, tenants may engage in legal behavior that frustrates their landlord, inconveniences their neighbors or damages a rental unit.

Smoking in an apartment could lead to conflict between the tenant smoking inside and the landlord renting them the space. Neighbors might complain, and landlords may worry about the damage that smoking could cause to the unit. Can landlords evict tenants for smoking in a rental unit?

A lease may prohibit smoking

It is relatively common for modern leases to include prohibitions on smoking. Tenants subject to no-smoking clauses cannot consume tobacco or other smokable plant matter in their rental units without violating their lease. Landlords who catch tenants smoking can keep records about the lease violations they witnessed. Documented lease violations are grounds for eviction even if tenants otherwise fulfill their obligations, such as paying rent on time.

Smoking can cause expensive property damage

Landlords can sometimes evict tenants for damaging the rental property, and smoking could easily result in cost damage to the unit. Smoking inside causes discoloration to the walls and ceilings. It can also result in the accumulation of hazardous materials that can cause third-hand smoke exposure for visitors and those who rent the property in the future.

Landlords can sometimes remove tenants who smoke by documenting how the smoking has damaged the unit. The cost of smoke remediation could be thousands of dollars depending on the extent of the damage. Landlords may be able to retain part or all of a security deposit to cover the cost of addressing smoke damage.

Complaints from other tenants are a concern as well. If a neighbor has asthma, for example, smoking could exacerbate their medical issue and impact their quiet enjoyment of their rental unit. Landlords can potentially evict tenants who become a nuisance for others renting at a multi-unit property.

Landlords dealing with problem tenants often need help preparing to take legal action. Evicting a tenant for smoking is a viable option in many cases with the right documentation and the right approach in civil court.