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Did you really not know there were smokers underneath? Was this your first time renting the apartment? You are the one who has to ask yourself if you withheld this information. I too would be upset to rent an apartment and find out it reeks of smoke from another tenant without being told.
Now that you are going through this, will you tell the next renter?
Did you really not know there were smokers underneath? Was this your first time renting the apartment? You are the one who has to ask yourself if you withheld this information. I too would be upset to rent an apartment and find out it reeks of smoke from another tenant without being told.
Now that you are going through this, will you tell the next renter?
I am going to sell the unit after all this. I can not go thru this drama anymore.
I called the place my tenants left from which has a lot of complaints online from tenants saying they can smell EVERYTHING and hear EVERYTHING coming from other units.
Legally, I am not obligated to disclose anything. My unit was vacant for a long time. I do not know who lives downstairs but according to the bylaws and the State law, smoking is not illegal. If my tenant calls me tomorrow and says he wants to leave, by all means LEAVE. Just leave.
I wonder if they are so allergic to smoke (which is ok) why they did not move to a smoke free place.
I am going to sell the unit after all this. I can not go thru this drama anymore.
I called the place my tenants left from which has a lot of complaints online from tenants saying they can smell EVERYTHING and hear EVERYTHING coming from other units.
Legally, I am not obligated to disclose anything. My unit was vacant for a long time. I do not know who lives downstairs but according to the bylaws and the State law, smoking is not illegal. If my tenant calls me tomorrow and says he wants to leave, by all means LEAVE. Just leave.
I wonder if they are so allergic to smoke (which is ok) why they did not move to a smoke free place.
Maybe they thought they were moving to a smoke free place and they were depending on the honesty of a landlord to tell them if the apartment had the smell of smoke rather than dealing with a landlord who feels they can deceive under the premise of "I don't have to legally disclose such information."
Maybe they thought they were moving to a smoke free place and they were depending on the honesty of a landlord to tell them if the apartment had the smell of smoke rather than dealing with a landlord who feels they can deceive under the premise of "I don't have to legally disclose such information."
The lease specifically states I cannot guarantee a smoke free place. I begged them to have the lease review by an attorney. I gave them 5 business days to get their attorney to ask questions before signing the lease.
I dont know what my neighbors do. If this was so important to them (which I understand) they needed to make sure it was spelled out
But again, if they want to go and decide to break the lease they can go, as far as I am concerned.
The lease specifically states I cannot guarantee a smoke free place. I begged them to have the lease review by an attorney. I gave them 5 business days to get their attorney to ask questions before signing the lease.
I dont know what my neighbors do. If this was so important to them (which I understand) they needed to make sure it was spelled out
But again, if they want to go and decide to break the lease they can go, as far as I am concerned.
Maybe they thought they were moving to a smoke free place and they were depending on the honesty of a landlord to tell them if the apartment had the smell of smoke rather than dealing with a landlord who feels they can deceive under the premise of "I don't have to legally disclose such information."
If you are depending on the honesty of someone else in any financial transaction, you are setting yourself up for a long and hard life.
1. The lease spelled out that the home was not guaranteed to be smoke-free.
2. If you move into a multi-unit building that is not designated as smoke-free, you take the risk that you're going to live above someone who smokes.
3. Presumably a walk-through was done of the unit - both before the lease was signed and then before move-in. Was smoke smelled then? If the downstairs neighbors are such heavy smokers (OR if the tenants are so sensitive to smoke that even a light smell bothers them), then this could've been discovered at either of those times. If no walk-through was done at any time and the tenants rented sight unseen, that's on them, too.
If you are depending on the honesty of someone else in any financial transaction, you are setting yourself up for a long and hard life.
1. The lease spelled out that the home was not guaranteed to be smoke-free.
2. If you move into a multi-unit building that is not designated as smoke-free, you take the risk that you're going to live above someone who smokes.
3. Presumably a walk-through was done of the unit - both before the lease was signed and then before move-in. Was smoke smelled then? If the downstairs neighbors are such heavy smokers (OR if the tenants are so sensitive to smoke that even a light smell bothers them), then this could've been discovered at either of those times. If no walk-through was done at any time and the tenants rented sight unseen, that's on them, too.
They came to my condo 4 times
Once to see it
Once to fill the applications and give me application fee
Once to go thru the lease (we stayed there for at least 2 hours)
Once to do the walk thru
1. DID you know there were smokers underneath and the apartment smelled of smoke? Forget your rhetoric on the law. It is a straight up question. Did you ever notice the smell of smoke in there?
2. WILL you, when it is time to rent it out again (whenever that may be) disclose to any potential renters that there are smokers in the building and you have been informed the smell will seep into the apartment.
These are very simple questions.
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