You are absouletely right about convincing a judge they were smoking. In the letter it stated that we have previously talked to them regarding this issue. I thought it was a done deal once the lawyer said we couldn't do anything without actually seeing them smoke. Every piece of documentation we have has the day, time and who was present during the conversation. The lawyer beleived us and sent the warning letter. Plus the fact that he stated in the letter we are prepared to evict them may help if it came down to that. That wasn't a threat. It is a fact that we would start the eviction process. Also, it being a two-family owner occupied house could be in our favor. We live upstaris. But I know that would be an up hill battle with a judge.
I hope they realize we are serious now.
I am going to screen the next tenants very carefully. But even doing that isn't a guarantee. However, I will be posting no-smoking signs on my property before the next tenant or tenants move in.