So in this instance the landlord would have to send a 10-day non compliance notice informing the tenant they must quit the action that violates the agreement.
If the tenant didn't comply, they send a SECOND 10-day non compliance notice which states the tenant didn't quit the action within ten days and that the agreement will cancel in 10 days.
Then it goes one of three ways:
1. The tenant says "**** you" and does nothing. The onus of proof is on the landlord and if the tenant shows up in court to tell the judge they don't smoke at all, the judge will set a trial. This can will be kicked down the road until the landlord can prove the tenant is smoking. It's next to impossible to prove. Best case this will take 30 days to remove the tenant.
2. The judge says "we're in a pandemic and there's an eviction moratorium, therefore I am not hearing this case".
3. The tenant voluntarily either moves or quits. I don't think anyone would expect this outcome.
So I'm genuinely curious, what would you do?
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Mr. K the monopoly man
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