The following FAQ page will list different forms of acceptable evidence in order to issue a formal leasing violation for smoking inside as well as the process for issuing a leasing violation.
Smoking policy as listed in the lease
Cannabidiol (CBD): Roommate and/or guests are prohibited from using, possessing or cultivating CBD based products, whether for medical or recreational purposes, anywhere on the Premises or on the grounds of the property where the Premises are located. (Page 7).
Tenant's Obligations: Unless otherwise agreed upon, the Tenant shall:not smoke cigarettes, cigars, pipes or any other tobacco or lighted product of any kind in any interior portion of the Premises, including any detached structures, and to pay the cost of any abatement, cleaning, fines, ductwork replacement that may be necessary as a result of Tenant’s failure to comply with this obligation. (Page 15).
| Soft Evidence | Description |
| General complaint | One or more formal complaints sent to Alcove directly from a roommate or landlord. This may be submitted in a support ticket or by emailing the support team. |
| Messages | Screenshots of texts or messages indicating that a roommate or group of roommates are responsible for prohibited activities, sent through texts or instant messaging apps. Must include the date. |
| Landlord inspection | Details from a self-inspection report conducted by the landlord, indicating lease violations. |
| Hard Evidence | Description |
| Alcove inspection report | Details from an inspection report ordered by Alcove, indicating lease violations and has been documented in the report. |
| Photos and videos | Photographs or videos serving as evidence of the violation. Photos must show that the violation is directly linked to one or more tenants. |
| Police Report |
A formal police report with the name of offender and the illegal activity in their possession. (If smoking illegal substances) |
FAQ: Smoking Violation Policy
Q: What should I do if I suspect a roommate is smoking inside the property?
- A tenant should submit a complaint via email or support ticket to Alcove Support, detailing the situation and the tenant responsible.
Q: What happens after I submit a complaint?
- Alcove will respond promptly, and request any evidence available.
Q: What does Alcove require as evidence?
- Alcove will request both hard and soft evidence. Examples of each are below
- Hard Evidence: Photos or videos of the tenant smoking inside the property.
- Soft Evidence: Pictures of cigarette buds, ashes, or smoking paraphernalia.
- Basic Evidence: Screenshots of text conversations or a report of smoking.
Q: What happens if the tenant is only able to provide soft or basic evidence?
- Alcove will conduct an investigation to gather further, hard evidence. This may include contacting other roommates for additional information as well as reaching out to the landlord. Depending on the severity and specifics of the case, we may also schedule an inspection on behalf of the landlord to conduct a walkthrough of the property to collect more evidence.
Q:What happens if only soft evidence is collected?
- Based on the evidence collected and severity of the violation, Alcove may choose to issue a Notice to Quit to the tenant responsible. This notice will notify them that further reports and evidence submitted may result in the Landlord proceeding with an eviction. Alcove will make the final determination on next steps based on the evidence gathered.
Q: What happens once hard evidence is provided?
- Alcove may issue a Notice to Quit based on the evidence provided. This notice will serve as a first and final warning, stating that further incidents relating to this may result in the Landlord filing for an eviction. The tenant responsible will also be held responsible for any cleanings or repairs needed due to the smoking. Alcove will make the final determination on next steps based on the evidence gathered.
Q: What if the tenant refuses to adhere to the warning and continues to smoke?
- Alcove will notify the Landlord and may advise them to initiate the eviction process by filing for summary of ejectment. Once this has been completed, Alcove will issue a Notice to Vacate to the tenant, notifying them that they have 10 days to vacate the property before proceeding with the next steps in the eviction process.
Q: What if the lease violator refuses to vacate after receiving the notice?
- If the lease violator doesn't vacate, Alcove will notify the Landlord and recommend that they file for an eviction through the courts on the ground of violating the lease agreement. Should the Landlord agree to proceed, Alcove will offer full assistance and cooperation as necessary.
Q: What happens after the tenant vacates the property?
- Once the tenant has vacated, an Alcove vendor will complete a move-out inspection and cleaning for the room.
- Access codes will be updated to ensure security for the property.