Hi Landlord, need your advise again..odd situation. Fairly new tenants moved in Feb 1, 2019. First maintenance inspection of unit on May 15th, unit was clean and orderly and they passed. However, I noted an un-sightly over-flowing ash tray in the bathroom When I addressed this was told smoking was not outlined on lease. I went back to review and I did make an omission on this (all other units in building are non smoking)

How best can I rectify this? tenants are on a 30 day month to month so I would think I can request a modification within a reasonable amount of time

I have not been 100 percent pleased with these tenant on other matters so if they stay on board or not that is fine

Any feedback would be appreciated

I don't know anything about RI, but since they are MTM tenants, I expect that you can give them 30 days notice of a change in terms (of the rental agreement).

You can give them notice of a change, but they won't stop smoking. And they will be justifiably upset with you - if "no smoking" was truly never mentioned before move-in.

If you choose to not renew, they will be mad they have to move again so soon, and it may open up a big can of worms. Of course you are within your rights to do so - just be aware it could be a challenge - brace yourself for a fight.

Of course, you won't make that mistake again - so take it as a good lesson for improving your documents / systems.

My solution, painting of an apartment is based on a 5 year depreciation table. So if it cost $1000 to paint a unit, divide by 5 and it comes to a $200 allowance per every year of a tenancy.

When i catch someone smoking, I explain that if they stay 5 years or longer, then they won't be responsible to cover the painting costs. But if they stay only 1 year, smoking is going to cost them $800. If they stay 2 years, $600. Three years $400, Four years, $200.

Change the lease now.