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ErikOk

Smoking clause

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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 due
to Tenant, Tenant’s employees, or Tenant’s visitors smoking within the dwelling, Tenant agrees to pay the cost of
having premises painted, walls washed, interior deodorized and carpets and draperies professionally cleaned, and
any other cost to repair smoke damage. If, after move in, smoking occurs without written permission of the
Owner/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 of
having premises painted, walls washed, interior deodorized and carpets and draperies professionally cleaned, and
any other cost to repair smoke damage. If, after move in, smoking occurs without written permission of the
Owner an eviction notice may be issued.

 

Sound good?

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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.

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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 of

having premises painted, walls washed, interior deodorized and carpets and draperies professionally cleaned, and

any other cost to repair smoke damage.

 

Seems pretty clear to me. What do you all think?

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