Smoking Policy Violations
Smoking Policy Violations
If you have established a non-smoking policy for your property, it is important that you enforce that policy. The biggest question is, “How do we prove that someone is violating the policy?”
The smell of the smoke can be reported and documented. Sometimes staff will see the tenant smoking, or another resident will report that there is a problem. It is important that all of these verbal reports are properly documented. Look at the area where smoking was reported. If there are burn marks, they need to be documented with pictures.
Once you have documented the violations, here are steps to take:
- Notify the resident in writing of the complaint by sending them a notice that an infraction of the smoke free policy has occurred and that it is a violation of the lease agreement.
- Each time that an incident is reported, a notice should be sent to the resident. It is important that your operating policies are clear that, when a certain number of violations have occurred, legal action may be taken that could lead to an eviction.
- Eviction should be the last resort, but actions must be taken in order to be in compliance with your policies and your lease agreement.
- All lease violations should be documented and placed in the resident’s file.
Remember – there is not a constitutional right to smoke. (www.tobaccolawcenter.org )