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Old 09-29-2012, 12:26 AM
1 posts, read 893 times
Reputation: 10


I had brain surgery earlier this year and decided to rent out my guest room. A guy came looked over the place, had few questions, and gave me a check with the verbal agreement for a 2 month stay and needed a plase right away. I took off time from work to ready the room ( wasnt planning on a move in sate before the 1st) and he moved in while I was at work. The next night I had a cocktail and had a few cigarettes in my room with the door closed. I dont typically smoke but never claimed to not.
He says " do you smoke"?
i said "occassionally"
he says "Oh Im allergic to smoke"
I say " wow, that would have been a good thing to discuss before you moved in." with neutrality

The next day I come home and the room is open empty of his things. No note, nothing.

I call his and ask " is there something you want to tell me"
he says " I couldnt, you werent home"
I ask " is there anything you want to tell me now?"
He says..." I had to move out. You're a great lady and very nice but I can't stand your pouporri or the smoke"
I say " I never hid the fact that I smoke and I believe it's incumbant on you to discuss your alergies and health requirements" when he accuses me of not having told him i smoke.
He says " Ill pay you for the two nights I stayed and I can come over Sunday to help wash the linens" He had left the bed and the linens dirty.

Yup you guessed it...the check wouldnt go thru due to a cancellation i'm sure.

I've been looking at landlord/tennant rules and cant seem to find anything covering not having a written lease. Can anyone help with either info or referrals to resources written or otherwise. Thanks
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Old 09-29-2012, 03:48 AM
Location: interior Alaska
3,984 posts, read 2,972,215 times
Reputation: 11867

Even if it was a verbal contract the tenant is supposed to give 30 days notice. Or, if the place was unlivable for him, he could arguably have the 10 day notice to correct and then left within 20 days if you did not. But without a written contract it's just he-said she-said if you choose to pursue this, particularly since as it seems you were not familiar with Alaska's regulations regarding rental agreements before making the arrangement so your probably didn't mind all your Ps and Qs either.

IANAL but I'd say you're probably legally in the right, but practically speaking pursuing it would be a pain in the butt, and since he didn't do anything other than cause you a few days inconvenience I doubt it's worth the effort.

Beyond the letter of the law, if he has breathing problems and your house was causing him trouble, IMO it's rather unreasonable to expect him to stay, and I personally would feel shady trying to keep his money if he's not using the facilities. Sounds like he was immature about it but that doesn't mean you both need to be.

I would say take it as a learning experience and make a contract next time.
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Old 09-29-2012, 08:07 AM
4,718 posts, read 8,699,218 times
Reputation: 2153
Frostnp - I couldn't have said it any better myself...

There are sample contracts online as well... Get one ready -- then if you need to modify the terms or length it is easy to do and you can get it done right there for the next person that needs to move in 'right a way'.

IMHO, The ex-tennant seems fairly reasonable - willing to pay for the couple of days he stayed and to help with the linens.

Now you know to add, that you smoke and have scents in house the rental contract as a disclaimer.

I am not a lawyer either...
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Old 09-29-2012, 10:54 AM
4,986 posts, read 8,288,831 times
Reputation: 3264
Just my 2 cents here, but given all of the horror stories you hear about renters these days he could have;
  • trashed your place then left
  • or even decided to stay then hired some shyster lawyer to file an injuction against YOU from smoking or using potpourri!
I'd say you got lucky and should just chalk it up to experience and move on!

Last edited by Moose Whisperer; 09-29-2012 at 11:03 AM..
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Old 09-29-2012, 12:16 PM
482 posts, read 690,388 times
Reputation: 384
Did you ask him if he knew you smoked? I can smell it a mile away but maybe some people can't, or maybe your potpourri covered it up. Either way, I agree with the above comments.
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Old 09-29-2012, 01:33 PM
Location: Palmer
2,518 posts, read 5,875,923 times
Reputation: 1365
Basically in Alaska the laws favor the tenant over the landlord. If you are going to rent you better read the landlord tenant laws and know and understand them.

He can easily say that you did not disclose to him that you are a smoker. Non-disclosure is always a trump card.
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Old 09-30-2012, 12:26 AM
Location: Rust'n in Tustin
1,583 posts, read 2,044,818 times
Reputation: 2201
Let it go. It will be more trouble than it's wroth.

Live and learn.
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