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I own a condo and rented it out to a couple. The lease term is one year. They move in on Saturday. On Monday I receive an email saying their health is being jeopardized because the owner of the unit below smokes cigarettes. I called the Health department and they said there is nothing they can do about it, as it is not illegal to smoke in their own home (We are in MD)
My tenant talked to me yesterday and said that this is detrimental to their health and they want to move out. There is nothing I can do about the behavior of the other people.
My tenant called me this morning to discuss some issues. We had a very heated conversation that went like this:
-He told me I lied to him when I did not disclose the people downstairs smoke (I do not know who lives downstairs)
-I told him he was obviously unhappy on my place, that he spent 2 days there and already was calling me and threatening me with an attorney and that really was not the ideal situation for any tenant-landlord relationship. So I told him if you want to go, then lets just cut both our loses and split the baby on half.
Then he said he spent all this money moving. I told him you do not want to stay here and I cannot tell the people downstairs not to smoke. There is nothing I can do about that.
-He said if something happens to my health due to the smoke I will sue you. (Again, he was never promised a smoke free building).
We are meeting tomorrow with my attorney and him and his wife. At this point I want them out. He is clearly not all mentally there.
Your lease should state what happens when someone leaves before the lease period ends. Generally, you still keep the deposit until you see if there is anything stolen, broken or damaged in some way by the tenant and the tenant continues to pay the rent he signed on for until. It's nice if that "until" is finished when you find a new tenant. Some landlords make the tenant pay till the lease expires even if they have another tenant in there.
You might want to make an inspection soon...perhaps by way of saying you'd like to talk. See if there is already some damage by this individual who is off balance. You might want to be there when he leaves to be sure he leaves the appliances and doesn't do any damage either because he's a con artist or because he's just an unstable person being mad at you.
I have met up with a few people who make the bulk of their living by suing. Despicable bums.
Your lease should state what happens when someone leaves before the lease period ends. Generally, you still keep the deposit until you see if there is anything stolen, broken or damaged in some way by the tenant and the tenant continues to pay the rent he signed on for until. It's nice if that "until" is finished when you find a new tenant. Some landlords make the tenant pay till the lease expires even if they have another tenant in there.
You might want to make an inspection soon...perhaps by way of saying you'd like to talk. See if there is already some damage by this individual who is off balance. You might want to be there when he leaves to be sure he leaves the appliances and doesn't do any damage either because he's a con artist or because he's just an unstable person being mad at you.
I have met up with a few people who make the bulk of their living by suing. Despicable bums.
We are meeting tomorrow with him, his wife and my fiancee and my attorney. I already informed them to stop with the threats, verbal abuse towards me and to mail me the rent. I dont feel safe dealing by myself with him
I am going to tell them tomorrow you need to pay until I find a new tenant or you can leave and pay until I find a new tenant.
Your lease should state what happens when someone leaves before the lease period ends. Generally, you still keep the deposit until you see if there is anything stolen, broken or damaged in some way by the tenant and the tenant continues to pay the rent he signed on for until. It's nice if that "until" is finished when you find a new tenant. Some landlords make the tenant pay till the lease expires even if they have another tenant in there.
You might want to make an inspection soon...perhaps by way of saying you'd like to talk. See if there is already some damage by this individual who is off balance. You might want to be there when he leaves to be sure he leaves the appliances and doesn't do any damage either because he's a con artist or because he's just an unstable person being mad at you.
I have met up with a few people who make the bulk of their living by suing. Despicable bums.
The bolded line is totally illegal in my state, and I assume in many other states as well.
The bolded line is totally illegal in my state, and I assume in many other states as well.
Yes. A lease is a contract and the landlord would normally have the duty to "cover," meaning he would have the duty to re-rent the property to mitigate damages.
The bolded line is totally illegal in my state, and I assume in many other states as well.
Not "illegal" in most states, just makes the landlord lose in court if he tries to sue the tenant for unpaid rent. A civil issue, not against the law.
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