ErikOk 10 Report post Posted March 23, 2013 Do any of you use a non-smoking clause in the contract? I know MC doesn't have one in his. Do you usually bring up with the homeowner if they will allow smoking within the dwelling or garage? Or do you let them bring it up? I haven't had a homeowner bring it up, but I'm sure at some point somebody will. What should be added to the contract? This is a section from the Oklahoma Residential Lease Agreement from the real estate commission. NON-SMOKING. Tenant agrees that smoking in the premises is not permitted and should smoke damage occur dueto Tenant, Tenant’s employees, or Tenant’s visitors smoking within the dwelling, Tenant agrees to pay the cost ofhaving premises painted, walls washed, interior deodorized and carpets and draperies professionally cleaned, andany other cost to repair smoke damage. If, after move in, smoking occurs without written permission of theOwner/Owner's Broker, an eviction notice may be issued. Maybe change to: NON-SMOKING. Tenant agrees that smoking within the premises (dwelling and garage) is not permitted. Should smoke damage occur due to Tenant or Tenant’s visitors smoking within the dwelling, Tenant agrees to pay the cost ofhaving premises painted, walls washed, interior deodorized and carpets and draperies professionally cleaned, andany other cost to repair smoke damage. If, after move in, smoking occurs without written permission of theOwner an eviction notice may be issued. Sound good? Share this post Link to post Share on other sites
pilot76180 51 Report post Posted March 23, 2013 I've put one in before, and have meant to make it permanent, but just haven't. I don't think I could actually evict for smoking, but I guess that's up to the judge. Share this post Link to post Share on other sites
ErikOk 10 Report post Posted March 23, 2013 I've put one in before, and have meant to make it permanent, but just haven't. I don't think I could actually evict for smoking, but I guess that's up to the judge. Yeah, I was thinking the same thing about evicting. I was actually surprised that it was in the OK real estate commission stock form. I think I will remove & have: NON-SMOKING. Tenant agrees that smoking within the premises (dwelling and garage) is not permitted. Should smoke damage occur due to Tenant or Tenant’s visitors smoking within the dwelling, Tenant agrees to pay the cost ofhaving premises painted, walls washed, interior deodorized and carpets and draperies professionally cleaned, andany other cost to repair smoke damage. Seems pretty clear to me. What do you all think? Share this post Link to post Share on other sites
MichaelC 160 Report post Posted March 24, 2013 Why change the wording at all? The state REC has addressed the issue. Leave it at that. Share this post Link to post Share on other sites