When Tenants smoke cigarettes in the property, it can create issues with the Landlord. In fact, it can lead to their Removal. While a Tenant may still be able to reside there, a Landlord has more discretion regarding their removal. To learn how to Evict a Tenant that smokes in the Property, contact the Law Office of Brian P. Kowal, PA at (954) 990-7552.
When Can a Landlord Evict a Tenant that smokes in the Property?
Most leases contain a provision that address whether a Tenant can smoke in the property. If permitted, they will be able to smoke without violating the lease. On the other hand, if the lease prohibits it and the Tenant is found smoking, they can face Eviction. However, if the Landlord decides to proceed with Eviction, they will need to have direct evidence of the smoking.
If the Landlord discovers that the Tenant has been smoking in the property, they will first need to send them a 7 Day Notice to Cure. Since most courts consider smoking a curable offense, a 7 Day Notice of Termination will not apply. If the Tenant continues to smoke in the property during the 7 days or anytime until the lease terminates, the Landlord can file the Eviction. The Complaint must state that the Tenant was given a 7 Day Notice to Cure but continued to smoke. In addition, it must state the day that the Tenant was smoking after receiving the Notice.
Can a Tenant be Evicted that Caused damage to the Property from Smoking?
As previously stated, a Tenant can be evicted for smoking in the property. However, if the Landlord cannot provide actual proof, it will be more difficult. On the other hand, a Tenant can be evicted for destroying the property as a result of smoking. In other words, if the smoke from the cigarette damages the wall and ceilings, a Tenant can be evicted. If a Landlord has difficulty proving that the Tenant is smoking in the property, they can come and inspect for damage. While they are at the property during the inspection, if they find that the walls, ceiling, or household items have been damaged because of smoke, they can take pictures to present to the Court if necessary.
Once the have proof of the damage, they can send the Tenant a 7 Day Notice of Termination. The Notice will reference Florida Statute Chapter 83.52(6). This states in part:
The tenant at all times during the tenancy shall:
(6) Not destroy, deface, damage, impair, or remove any part of the premises or property therein belonging to the landlord nor permit any person to do so.
Unlike a Notice to Cure, the Tenant must vacate the property within seven days upon being served with the Notice. They are not given the opportunity to cure the violation. If you are a Landlord and need to Evict your Tenant for smoking in the property, contact the Law Office of Brian P. Kowal, PA at (954) 990-7552.
