My gut tells me that there is more than what is told here. There are really simple answers and then there is what you read into the posters 2 items; late rent and smoking. I have been advised by the San Francisco Rent Board that you have to give the tenant 3 bites of the apple before action of eviction is considered. In most Cities in California smoking has been curtailed to your own personal space ( which here apparently the LL has a no smoking policy). But I also have a no smoking policy in all area's of the property. I bet the LL is tired of sweeping up the butts and there you have the Nuisance clause of creating waste upon the property. Kristeena is not telling all of the story here. There is more, more, more.