Tenant/Landlord Allergy Question (Chapel Hill, Star: sublet, rentals, condo) - Raleigh, Durham, Chapel Hill, Cary - North Carolina (NC) -The Triangle Area - City-Data Forum

dshack · 08-26-2010, 10:40 PM

I have a question about Tenant/Landlord laws regarding allergies:

I am a live-in landlord in a 4 bed/4 bath condo in Chapel Hill. One of my tenants is on day 11 of his lease and just notified me that he is considering moving out because he is allergic to my cat (which stays in my room for all but 2-3 hours a day). Before signing the lease, he did say he was midly allergic to cats, and I said my cat stays in my room for the majority of the day except for the evenings when I am home cooking/watching TV. The cat never goes in his room. So, we were all on the same page when he signed the lease (I have email verification of these statements).

While I can empathize with his allergies, he did sign a 9 month lease. Furthermore, the rental market in Chapel Hill is DEAD until the spring semester begins. So, I do not think I can find another tenant. Does he have any legal rights to move out and not be responsible for the remaining rent (even with a doctors note)? If you were in my position, how would you proceed?

Thanks!

David

didee · 08-27-2010, 12:10 AM

Maybe request that since he's breaking the lease, he pay rent for an extra month after moving out. If he stayed through September, that would cover October, and then you either find a tenant for November or, if you can't, absorb November & December until the spring semester starts in January.

I think whether or not he has legal rights will depend upon what provisions your lease agreement includes about ending the lease agreement prematurely. If he does have rights (I doubt it), it still doesn't seem worth the pain to go all out to fight this. (I'm assuming he's a student and not rolling in money, in which case is it worth legal costs considering what he pays for rent? And practically speaking, could even come up with the cash to pay for 2 rentals?)

IMO, without seeing the lease, it would seem he's liable for whatever your lease cancellation provision is, period. But the extent of that penalty may or may not be worth the trouble.

toodie · 08-27-2010, 12:45 AM

Well, you told him your cat stays in your room except for the evenings, and is that when your tenant is home?

I think if I had to keep my cat locked in a room, I'd rather give up a tenant who has a problem with the cat. It's not fair to keep a cat locked in a room most of his/her life, don't you think? That sounds so sad.

best,
toodie

Starglow · 08-27-2010, 05:54 AM

Well as someone who is also allergic to cats, I can certainly empathize with the tenant in this case. Regardless of where your cat stays in the house most of the time, the allergen component is constantly present and can be spread through the HVAC system to other parts of the home where the cat may never enter.

People with pet allergies may react differently with different animals or their allergies may not present symptoms at all with certain animals, so it would be difficult for your tenant to know how their allergy would respond to your cat at the time of lease signing.

If the tenant has a valid doctor's diagnosis validating that your cat is affecting their personal health, I doubt you will find a court that will enforce the lease agreement unless specific language is in the lease regarding the presence of the cat in the home. In fact, the court could turn the tables on you and say you must get rid of the cat if you won't allow the tenant to break the lease because the cat is affecting their personal health.

lovebrentwood · 08-27-2010, 06:59 AM

A judge would no doubt rule in his favor (to leave without incurring rental fees) if you sued him.

I doubt very much the judge would rule to get rid of your cat.

You need to just try harder to find another tenant to minimize your losses. That is what the judge would expect you to do.

I'm a landlord -- and allergic to cats.

NewUser · 08-27-2010, 07:30 AM

Quote:

Originally Posted by Starglow

Regardless of where your cat stays in the house most of the time, the allergen component is constantly present and can be spread through the HVAC system to other parts of the home where the cat may never enter.

Starglow · 08-27-2010, 10:12 AM

Quote:

Originally Posted by lovebrentwood

I doubt very much the judge would rule to get rid of your cat.

Probably true, but that would be a potential possibility none the less if the lease agreement were to be enforced.

didee · 08-27-2010, 12:04 PM

The tenant knew there was a cat in the residence and knowingly took the risk when he signed the lease. You can either exercise your lease cancellation clause and whatever remedies are in there...or not. (No way would a judge order the owner to get rid of the cat.)

I don't believe it would be worth the hassle if lawyers and court are going to have to get involved.

adlnc07 · 08-27-2010, 12:25 PM

Since the landlord and tenant are sharing living space - would you really want a po'd tenant stomping around for 9 months? I wouldn't!

dshack · 08-27-2010, 12:31 PM

Thanks for all the replies, they have been VERY helpful for me. I am a novice landlord and am learning as I go.

Quote:

Originally Posted by adlnc07

Since the landlord and tenant are sharing living space - would you really want a po'd tenant stomping around for 9 months? I wouldn't!

But, the tenant does not plan to stay. He wants to move out immediately. I'm just trying to research whether he is accountable for paying the remainder of the rent. I know that his parents are the ones who actually pay, so it is not an issue of $ for him. But, I don't want to get in a nasty situation with lawyers and all.

Right now I'm leaning towards just offering to let him sublet (with me getting final approval on subletter). Thoughts?