State Specific Question About: WASHINGTON (WA)

Hi Sara..

1st. Smoking is not a protected class... there is no 'right to smoke'

2nd. this is a civil and contract matter.. not like criminal.. so the 'proof' is very low if at all...

you'd only need to observe or discover the 'breach of contract'

you give them a 'cure or quit notice' and so many hours to do it, as outlined in your state statutes

Sara, if the Tenant says in court: Judge, I was not smoking. I had a full ashtray because I was collecting cigarette butts in order to conduct scientific studies on the characteristics of cigarette filters blah blah blah. Do you thing the Judge is going to buy it?

But you need a photo of the full ashtray.

And a dirty ashtray is not enough. Because a dirty ashtray is consistent with "I go out onto the porch to smoke." A full ashtray is less likely to be carried back and forth.

Sara, This comes up almost every day here. In all my years of reading EVERY SINGLE POST, I have yet to hear a way to stop smoking other than eviction fro breach of lease terms.

You could evict them for lying on their application as non-smokers.

If people cannot shake a smoking addiction, how can we as LLs living off site ever expect them to not smoke?

Me? Find what people want and let them pay you for it.

If this truly irritates you, add $XX to the rent for a smoking home.

Another thought: we have much more difficulty with cooking oil and grease leaving odor in the homes. That odor instantly makes any house smell used and old.

Grease build up can ruin a range beyond cleanable, feeds the roaches so they multiply like crazy, and it clogs the drain and sewer lines, we've had to literally scrape it off the walls and cabinets in kitchens.

The whole smoking thing is a great demonstration of

I appreciate all of your responses, I sent a letter stating what I observed, a full ashtray. Also stated that they lied on the application and told them if they continued to smoke inside, I will proceed as per the Addendum, to remove them. I guess there are wipes that detect nicotine on the walls, I will buy them. But I am also processing in my mind a huge rent increase at end of lease to either make them pay or get them out, before too much damage is done. A little bit from every response....thank you all!