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Hello, people helped me here a few months ago with some problems I was having with my tenants.
Pretty much, my tenant is a smoker (we said no smoking as my kids are severe asthmatics) He said he will smoke outside though. Last night we smelt smoke big time, sometimes we smell it but can tell it's coming through the windows or something like that. Last night however it was coming from a different spot very strong so we went down just to ask where he was smoking that we smelt it bad. He didn't answer the door (even though it was wide open other than the screen.) So 10 minutes later we went to knock again and that time he answered in about 1 minute. He said they were smoking but outside.
Today after work he knocked on our door and said he did not appreciate us knocking on his door for 10 minutes after he already told us when he moved in that he would only smoke outside. He seemed rather annoyed.
I am very worried about this. I really do not normally complain or anything to him. The last time I said anything was months ago and he has no problem coming up when the internet isn't working (when the whole neighborhoods is out) It's very hard for us to confront him, I am a single mother trying to stay in the house since child support stopped. I am just nervous now about him reporting the apartment or anything happening.
Any advice for me, does anyone know what happens if apartments in Long Island get reported?
Pretty much...
I am very worried about this...
It's very hard for us to confront him...
I am a single mother...
Any advice for me
1) Decide who the boss is. (it can be like having an 8 year old)
2) Get a copy of the LL:Tenant laws in your County.
3) Read them.
4) Read them again.
5) Look for the expression "Cure or Quit".
6) Look through your lease to see if there is anything in it which gives your tenant the right to smoke in or on the property.
6a) or (ideally) specifically tells them not to smoke in or on the property.
7) Find the landlord or property owners group in your area.
8) Attend a meeting. Ask for some help.
9) Find a RE lawyer to go over your lease...
and maybe to manage the eviction of your tenant.
Yes it is not legal, very hard to do here on Long Island.
Unfortunately, this rather means that it's unlikely that anyone on this forum can offer you much help with your problem. I don't know how much you've researched your liability where having an illegal apartment is concerned but you might find it useful to google, "Long Island illegal apartment" for basic information. Your township may have more specific laws. I don't know how much of a challenge it would be to make the apartment legal but it's worth looking into. If you DO get caught, the penalties where property and income taxes are concerned can be hefty. Good luck.
Next time, don't allow smokers at all, even if they say they will smoke outside. Advertise as no smoking.
I had a rental and advertised as such. Several prospective tenants said they would smoke outside. I knew that would be hard to enforce and turned all smokers down.
Yes it is not legal, very hard to do here on Long Island.
And my guess is the tenant probably knows it is illegal as well. I'm thinking you need to talk with an attorney ASAP who can help you out on what to do.
When people rent apartments out and they are not legel apartments, their greed will always kick them in the arse.
So what, so he was smoking outside.....be happy it is outside and not in the apartment.
Since the mid to late 80's the smoking thing being banned in offices and so on is a good thing and now people are really conditioned to going outside to smoke, they do it in my building also......
but remember before that, when anyone who smoked, smoked anywhere......how i can remember hoildays and all the grown ups smoked in the house......and you have the nerve to be annoyed that he was smoking outside.....
even as a non smoker myself, I think you have a lot of nerve......
oh and BTW, renting in a non legal apartment is never a good idea.
Hello, people helped me here a few months ago with some problems I was having with my tenants.
Pretty much, my tenant is a smoker (we said no smoking as my kids are severe asthmatics) He said he will smoke outside though. Last night we smelt smoke big time, sometimes we smell it but can tell it's coming through the windows or something like that. Last night however it was coming from a different spot very strong so we went down just to ask where he was smoking that we smelt it bad. He didn't answer the door (even though it was wide open other than the screen.) So 10 minutes later we went to knock again and that time he answered in about 1 minute. He said they were smoking but outside.
Today after work he knocked on our door and said he did not appreciate us knocking on his door for 10 minutes after he already told us when he moved in that he would only smoke outside. He seemed rather annoyed.
I am very worried about this. I really do not normally complain or anything to him. The last time I said anything was months ago and he has no problem coming up when the internet isn't working (when the whole neighborhoods is out) It's very hard for us to confront him, I am a single mother trying to stay in the house since child support stopped. I am just nervous now about him reporting the apartment or anything happening.
Any advice for me, does anyone know what happens if apartments in Long Island get reported?
Thanks again for the help.
What town?
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