New tenants want out after 4 days into a year lease (mortgage, legal)

[flower2014]

Originally Posted by Bolo99

How about first sealing up your unit so it doesn't fill up with cigarette smoke? How old is this building? Older buildings tend to have lots of defects and small cracks throughout. It is because of situations like yours where it makes me leery of buying a condo unit and becoming a landlord. It could cause a ton of headache.

My condo was built in 1993

[WeHa]

Omg it's only been 4 days! Just cut your losses. If he can't afford to move what the heck makes you think he'll actually pay whatever you sue him for by dragging this out.

If he trashes your apartment you'll regret this.

[Jkgourmet]

Flower2014 - why on earth did you decide you should become a landlord? Easy money?

[cully]

All this talk about people being responsible for protecting someone from the cigarette smoke of others. It's not possible in the real world. People affected by cigarette or any smoke just need to protect themselves. Flower2014 cannot be responsible for protecting these con artists from every allergen and toxin in the air around us.

[flower2014]

Originally Posted by WeHa

Omg it's only been 4 days! Just cut your losses. If he can't afford to move what the heck makes you think he'll actually pay whatever you sue him for by dragging this out.

If he trashes your apartment you'll regret this.

I can not make this man meet with me. He does not want to meet. I offer him a meeting. He does not want to go.

He never got to the table and negotiate. I am not in control of his actions.

[WeHa]

Originally Posted by cully

All this talk about people being responsible for protecting someone from the cigarette smoke of others. It's not possible in the real world. People affected by cigarette or any smoke just need to protect themselves. Flower2014 cannot be responsible for protecting these con artists from every allergen and toxin in the air around us.

I agree with this, but if I was the landlord I'm not going to keep renting to someone who doesn't want to be there. It's a liability. I'd rather cut my loses and know my property is protected than fight this guy.

[flower2014]

Originally Posted by WeHa

I agree with this, but if I was the landlord I'm not going to keep renting to someone who doesn't want to be there. It's a liability. I'd rather cut my loses and know my property is protected than fight this guy.

I can't ask him to leave. He never came to the table to negotiate.

[beckerd2]

What does your lease with him say? Are you only able to get him out for nonpayment of rent? or Do you have any other clauses in the contract to get him out?


If you only have the nonpayment of rent as the only way of getting him out then you are going to have to deal with him for at least a month. Long enough for him to say he has all kinds of health problems because of your rental.
You will be screwed.


Do what some of other posts are saying and tell him you'll let him out of the lease with no repurcussions. Maybe work out a deal with the security deposit.


You need a stable renter who isn't a nut. Its sucks being landlord.

[mortgageboss]

Sometimes its better to cut your losses. Offer him his security deposit back when he gives you the keys and is out.

You can always sue him for damages after you get the place re-rented and know how much he cost you.

The most important thing is getting him out of your property now.

[flower2014]

Originally Posted by beckerd2

What does your lease with him say? Are you only able to get him out for nonpayment of rent? or Do you have any other clauses in the contract to get him out?


If you only have the nonpayment of rent as the only way of getting him out then you are going to have to deal with him for at least a month. Long enough for him to say he has all kinds of health problems because of your rental.
You will be screwed.


Do what some of other posts are saying and tell him you'll let him out of the lease with no repurcussions. Maybe work out a deal with the security deposit.


You need a stable renter who isn't a nut. Its sucks being landlord.

My attorney told me not to talk to him at all. If he has health problems he can come to me and tell me I want out lets negotiate.

I believe what happens was he found a cheaper place and thought how do I get out of this lease? So he says ok the smoke bothers me, I am going to sue you. I told him you can sue anyone, and no one can stop you. To avoid litigation LETS MEET with my attorney and we will find a middle ground.

I paid the attorney 1k just to come to the meeting

The tenant decides he does not want to meet. He sends me an email saying we will stay. I cant ask him to go because that will be retaliation for complaining about the smoke (which is illegal).

If you are so concerned about your health you would do ANYTHING to leave right? Then why do not come and meet and get to an agreement and LEAVE?