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Old 12-01-2015, 06:26 PM
 
70 posts, read 88,258 times
Reputation: 61

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Quote:
Originally Posted by MidValleyDad View Post
And Montgomery County has some of the most tenant friendly laws in the state
I talked to the county today. They told me I am in the right. The lease states Landlord does not guarantee a smoke free space.
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Old 12-01-2015, 06:31 PM
 
35,095 posts, read 51,217,998 times
Reputation: 62667
Quote:
Originally Posted by flower2014 View Post
I talked to the county today. They told me I am in the right. The lease states Landlord does not guarantee a smoke free space.
Bottom line, do you want to be right and miserable or let the renter out of the lease and get a renter who is not unhappy after 2 days?
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Old 12-01-2015, 06:32 PM
 
5,048 posts, read 9,615,907 times
Reputation: 4181
Quote:
Originally Posted by flower2014 View Post
No sorry. I did a lot for this person. He needs to be held liable.
Yes, you do need to have some sort of legal refining and defining going on here now with an attorney. Items in writing. Signatures. Who knows what this guy could come back with.
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Old 12-01-2015, 07:35 PM
 
70 posts, read 88,258 times
Reputation: 61
Quote:
Originally Posted by CSD610 View Post
Bottom line, do you want to be right and miserable or let the renter out of the lease and get a renter who is not unhappy after 2 days?
I want what the law says I am entitled to. The man is a looney. If he wants to leave he can pay a penalty and go
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Old 12-01-2015, 07:48 PM
 
Location: Denver CO
24,204 posts, read 19,191,156 times
Reputation: 38266
Did he specifically ask about smokers in other units? If so, what did you say?

But bottom line, this is going to be more trouble than it's worth, and you have yet to answer the question about what you did that is so far above and beyond renting out a rental unit that warrants trying to "punish" someone who is already negatively impacting your life. I hope you don't dig your heels in and make this situation even worse.
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Old 12-01-2015, 07:52 PM
 
35,095 posts, read 51,217,998 times
Reputation: 62667
Quote:
Originally Posted by flower2014 View Post
I want what the law says I am entitled to. The man is a looney. If he wants to leave he can pay a penalty and go

Okay and good luck I do hope your nose does not end up being cut off to spite your face.
There are times when it is best to remove emotions from a situation and do what is the best for all involved.
It is your choice to get what is coming to you though.
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Old 12-01-2015, 08:31 PM
 
Location: Tucson for awhile longer
8,869 posts, read 16,312,651 times
Reputation: 29240
Tell him fine, he can leave today. Send security personnel over to the condo with him to watch him pack and make sure he doesn't damage anything. Keep any money you have received from him. (I assume 1st month's rent and security deposit.) He won't like that choice either.
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Old 12-01-2015, 10:05 PM
 
Location: MID ATLANTIC
8,674 posts, read 22,908,228 times
Reputation: 10512
OP, I'm with you. If your attorney advises you your legal fees are covered by the tenant breaking the lease, go get 'em. I am so tired of people not taking any personal responsibility for their own actions. Hold his feet to the fire, get what you are owed. The fact he hasn't been pleasant will make things easier for you.

Hopefully, you have a rental application so you have the information to petition for a judgment. I'm betting not many stand up to this person. But as much as I encourage you to stand up for yourself, at the end of the day, I find myself giving in.......(and then kicking myself for giving in).....so stand up to him until your steam runs out, cuz it sounds like the law is on your side.
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Old 12-02-2015, 12:51 AM
 
Location: Raleigh, NC
19,429 posts, read 27,815,202 times
Reputation: 36092
SmartMoney, we rarely disagree; however, you and the OP are not seeing the big picture.

Being a landlord is being in business. What is the primary goal of a business? TO MAKE A PROFIT.

Exactly what PROFIT will be made by the business (the landlord) if the tenants trash the place? Or don't pay the rent and require months of legal maneuvers and attorney fees to legally evict them? What PROFIT will made by having the tenants arrested!

And yeah, I know the lease says they are responsible to pay for damages, the legal expenses, etc. So what? You think the landlord is EVER going to collect a dime of it?

OP - get your head straight. It's a business, it's not personal. The ONLY winner is the one who has the money. The rest is irrelevant. And if you can't think that way, you shouldn't be a landlord.
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Old 12-02-2015, 01:22 AM
 
Location: Dallas, TX
278 posts, read 335,471 times
Reputation: 113
This flower2014 guy sounds like a guy that just does not want to lose under any circumstance. It would be like a slap to his face. Being this stubborn can cost you. The renter hates living in this smoke-filled apartment and feels like his health is in jeopardy by being inside it.
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