I failed to add a non smoking policy to the lease before it was signed. My tenant and I made a verbal agreement that there is absolutely no smoking inside the apartment, in the hallways, or outside the house the house (backyard or front yard). They agreed but later on we notice the hallway and the stairway to the second floor smelling of cigarettes. No one else in the property smokes except them. We even have signs that says no smoking. We've told them constantly that there is no smoking and all they have to say is "ok, sorry, ok" but the problem still continues. I know it's not part of the written lease, so as a landlord what can i do? Can i add on a non-smoking policy to an already existing lease?
You must wait until the lease is about to expires, terminate the tenancy by serving the tenant with a Notice to Quit unless they accept the terms of a new lease that you offer them (containing the no-smoking policy as well as any other changes, including a rent increase).
The only thing you can do is ask them nicely to amend the agreement to ban smoking in order to enforce it. Otherwise, your rental agreement must expire before a no smoking policy can be enforced.
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