If my tenants have signed a non-smoking lease which states violation will result in forfeiture of all deposits and immediate eviction, what do I do about a breach?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
If my tenants have signed a non-smoking lease which states violation will result in forfeiture of all deposits and immediate eviction, what do I do about a breach?
Neighbors have seen the tenants smoking on the back deck. The lease states no smoking on the premisis or property. Also, prior to them signing the lease, I have an e-mail stating (in response to me directly asking if either of they smoke), “NO!!! We do NOT smoke!!!!” What proof do I need and what can I do? I am thinking a sending a warning letter sent certified mail, then I have grounds for summary eviction in accordance with state law. Is this correct? Also, can I inspect the premises with proper notice?
Asked on June 17, 2012 under Real Estate Law, North Carolina
Answers:
FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
Under the laws of all states in this country, a landlord upon reasonable notice can inspect a tenant's premises. Typically 24 hours is all that is needed. I suggest that you give a notice of an inspection to your tenants and appear with a third party and camera.
If ashtrays, cigarettes or cigarette smell is discovered, you now have the option of a 3 day notice to cure on the smoke issue or evict the tenants for breaching the lease. I suggest that you consult further with a landlord tenant attorney about the situation you are writing about.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.