Evicting Smokers
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Evicting Smokers (by turbocat [IL]) Apr 17, 2013 10:28 AM
       Evicting Smokers (by S i d [MO]) Apr 17, 2013 10:32 AM
       Evicting Smokers (by OPM [OR]) Apr 17, 2013 10:39 AM
       Evicting Smokers (by V [OH]) Apr 17, 2013 10:40 AM
       Evicting Smokers (by mike SWMO [MO]) Apr 17, 2013 11:20 AM
       Evicting Smokers (by V [OH]) Apr 17, 2013 11:32 AM
       Evicting Smokers (by V [OH]) Apr 17, 2013 11:46 AM
       Evicting Smokers (by Bit Tyrant [IN]) Apr 18, 2013 10:24 AM

Evicting Smokers (by turbocat [IL]) Posted on: Apr 17, 2013 10:28 AM

State Specific Question About: ILLINOIS (IL)

I have a tenant that smokes. I knew this when we rented to him. Our lease specifically states no smoking inside the premises and if they do it is cause for termination of the lease and eviction. He has been smoking in the basement while it has been cold and the smell is going into his unit and into the attached unit. I want him to leave. What is the best way to treat this.? --98.212.xxx.xxx

Evicting Smokers (by S i d [MO]) Posted on: Apr 17, 2013 10:32 AM

Do you have proof he's been smoking inside? If yes, evict him. If not, get proof, then evict him.

Fyi, "Your Honor, I saw him smoking..." isn't going to cut it in eviction court. Photos, multiple eye-witnesses, video, etc. --108.250.xxx.xxx

Evicting Smokers (by OPM [OR]) Posted on: Apr 17, 2013 10:39 AM

HI Turbocat..

1. see if IL has 'no cause notice/eviction'

you simply ask them to leave.. no reason needed..

2. your agreement should have wording that allows LL determination for causes...

this is not a criminal proceeding in court.. only a civil matter...

your move in report and agreement will say no smoking

'in or on the property' ...

all you'd typically need is your observation of the smell in the basement, and the neighbors statement --66.190.xxx.x

Evicting Smokers (by V [OH]) Posted on: Apr 17, 2013 10:40 AM

I enforce the -maintained- smoke free units by a wipe test at 6 months, when this fails we bill for seal/prime/painting to restore the finish after 2 rooms costing 500bux I simply ask do you want to make these payments starting on the next rent cycle or to move? Bill for current damages, no need to wait for the move-out surprise. --75.94.xxx.xxx

Evicting Smokers (by mike SWMO [MO]) Posted on: Apr 17, 2013 11:20 AM


I have seen on different occasions where you mention the wipe test. Would you give those of us not familiar with it a little run down on how it is performed and what you use?



Evicting Smokers (by V [OH]) Posted on: Apr 17, 2013 11:32 AM

It is so easy you want to sit down;

1.) wet white paper towel with clear water from the faucet

2.) wipe onto wall about 12-16 inches, lift and photograph if coloring appears holding it over the wall with the marks

3.) prepare estimates if needed to seal/prime/paint the rooms affected or use a previous repair cost as a guideline --75.94.xxx.xxx

Evicting Smokers (by V [OH]) Posted on: Apr 17, 2013 11:46 AM

I should have mentioned it above but I have many times previously, I also give a copy of the photo-cd at 6 months which was taken at move-in time, many times this has been used in court on my battery operated photoframe to compare with the move-out photos.

I call that disc the security deposit, and I now many of you have begun this 25cent method to help tenants get back the deposit they deserve. --75.94.xxx.xxx

Evicting Smokers (by Bit Tyrant [IN]) Posted on: Apr 18, 2013 10:24 AM

I thought I remembered reading about a device you could install that would detect if someone had smoked in the unit.

Any know anything about that? Something like it turned a different color. --205.156.xxx.xxx

Subject: RE: Evicting Smokers
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