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My attorney told me not to talk to him at all. If he has health problems he can come to me and tell me I want out lets negotiate.
I believe what happens was he found a cheaper place and thought how do I get out of this lease? So he says ok the smoke bothers me, I am going to sue you. I told him you can sue anyone, and no one can stop you. To avoid litigation LETS MEET with my attorney and we will find a middle ground.
I paid the attorney 1k just to come to the meeting
The tenant decides he does not want to meet. He sends me an email saying we will stay. I cant ask him to go because that will be retaliation for complaining about the smoke (which is illegal).
If you are so concerned about your health you would do ANYTHING to leave right? Then why do not come and meet and get to an agreement and LEAVE?
So you've already wasted a grand on this and are no closer to resolving it? Sounds like it's going great
You still didn't answer my question. What does the lease say in regards where there is a breach in the contract? Example....nonpayment of rent etc.....
The guy is getting a sweet deal. He isn't going to leave if he doesn't have to. That's what con-artist look for...
You still didn't answer my question. What does the lease say in regards where there is a breach in the contract? Example....nonpayment of rent etc.....
The guy is getting a sweet deal. He isn't going to leave if he doesn't have to. That's what con-artist look for...
Just non payment, criminal activity, smoking, disturbance of the peace and quiet enjoyment (or preventing other people from it)
Then I guess pray that he does one of these things. Sorry to hear you have such a dud of a renter.
Me too. My main thing is I try to give him an out. Granted I was not happy yesterday but keep my cool and setup the meeting and what not. When I talked to him I encouraged him to get legal representation and bring them to the meeting.
He realized breaking the lease is not that easy. I believe he really thought the smoke thing was going to make me grab my check book and pay him out. It is not like that.
That is why I now believe he is a con artist; if the real motivation is his health why not just meet and talk? Because I did not panic and offer him money, that is why.
i once lived in an apt that had smokers next to me. my newborn baby developed horrible breathing issues. the smoke was visible in our bathroom. the ****ty landlord wouldn't let us out. be a decent human being and let him go and deal with the smoker downstairs.
He cannot do anything about the smoker downstairs (read the opening post), he owns this one condo, nothing more.
I'll be pollyanna - Maybe after his first panic he calmed down and realized the smoke wasn't that bad and he had over reacted.
I placed a complaint with the HOA. The owner might have notified his tenants to smoke outside.
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