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Location: Jonquil City (aka Smyrna) Georgia- by Atlanta
16,259 posts, read 24,766,887 times
Reputation: 3587
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Quote:
Originally Posted by Ultrarunner
Last I checked... refusing to rent to smokers is not illegal... although there is a move to make it against the law.
Some Bay Area communities are considering making smoking illegal anywhere outside of your home/apartment... such as on a balcony or patio in a multi-dwelling building.
In addition, the smoke from years of smoking can permeate to the point where services of a smoke restoration firm is required. The worst case I've had the pleasure to correct involved an chain smoking elderly lady that was as nice as could be... She smoked so much, I can't even picture her without a cigarette.
Anyway, when she moved, the entire unit had to be stripped... all window coverings, and even the shelf paper liners in the cabinets reeked of cigarettes. The walls were yellow from nicotine, the windows were "Tinted" from nicotine. What would have been a simple clean, paint and show, turned into a week long project.
Every inch of the unit had to be washed with heavy detergent. The walls required two coats of Zinsser Smoke Stain Killer Primer before the top coat... Three coats of paint to do the job of one.
I could go on and cite statistics stating the number of house fires caused be cigarettes... but..
The REAL ISSUE is the owner made the unit smoke free and the Tenant Agreed in writing.
Refusing to rent to smokers is fine. But the lady said she knew they both smoked and rented to them anyway. Then she said they have nothing in writing- only a "verbal" contract. Any judge would ask "so they told you they were smokers and you rented to them anyway?" and "you have no written agreement?" before he laughed the case out of court. If you do not wish to rent to smokers ( and I am anti smoking and consider them to be nothing but filthy drug addicts myself), you should state clearly and in writing that "we do not rent to smokers, we do not tolerate smoking anywhere on the property and if we catch you or your guest smoking, you will be evicted and your deposit forfeited". And make the tenants sign it. But if a potential tenant tells you they smoke and you rent to them anyway, I cannot see kicking them out. Just learn from it and do better with the next applicants.
Am I missing something here? These people are smoking pot. Is that legal where you are? If not, the state who pays the rent should be informed, and the police should be called.
If you like these people, as you say, and you don't want to make a fuss, you are concurring in their crime.
Am I missing something here? These people are smoking pot. Is that legal where you are? If not, the state who pays the rent should be informed, and the police should be called.
If you like these people, as you say, and you don't want to make a fuss, you are concurring in their crime.
You know what? This hadn't occured to me! I wonder what we are supposed to be doing legally?
We are also aware this couple befriended us in order to be able to con us. It's been made pretty clear to us.
Refusing to rent to smokers is fine. But the lady said she knew they both smoked and rented to them anyway. Then she said they have nothing in writing- only a "verbal" contract. Any judge would ask "so they told you they were smokers and you rented to them anyway?" and "you have no written agreement?" before he laughed the case out of court. If you do not wish to rent to smokers ( and I am anti smoking and consider them to be nothing but filthy drug addicts myself), you should state clearly and in writing that "we do not rent to smokers, we do not tolerate smoking anywhere on the property and if we catch you or your guest smoking, you will be evicted and your deposit forfeited". And make the tenants sign it. But if a potential tenant tells you they smoke and you rent to them anyway, I cannot see kicking them out. Just learn from it and do better with the next applicants.
I am glad you came around somewhat. I was starting to take sides with the smokers (plead guilty to that "filthy" habit as some of our posters have volunteered). There are about 70 thousand and keep counting ways to break the law, and there are a few thousand drugs you can drink, breath, smoke, inject, and there are a few thousand annoying habits or things to do, even worse than the smell of cheap tobacco. Leave well enough alone and if you dont and change renters, i hope you dont get stuck with a hard rocking couple that throws their beer bottles over the balcony and pee on your head.
Last edited by nail in da coffin; 12-08-2007 at 07:12 PM..
Reason: sp
Not True when personal habits are illegal and occurring on the Owner's Property.
The Courts have held owners liable to the point a loosing their property for failure to act regarding illegal drug activity.
I wish it wasn't so because it makes the owner a "De facto" enforcement arm concerning criminal activity.
A prosecutor need only prove the Landlord had knowledge and failed to act appropriately.
this would be extremely true if they were selling drugs. I believe it is landlord's responsibility if landlord suspects they smoke pot, to ask them, and if they say they don't , make them aware of the strange smell .
In a lot of areas of this country if you tried to get the police involved with someone smoking pot in their own apartment and there's no evidence of dealing you'd probably get laughed at and have something like this said to you:
"We'll get to that... you know right after we solve all the murders"
I put in my agreement (not a lease) that stated that any illegal activities will be cause for immediate eviction. I had one move in on Friday, get an eviction notice on Monday. No second chances or you'll appear to be playing favorites. Evict them! If they want, they can re-apply by signing agreement, with references required. Now that you've acknowledged that you know they smoke pot, you are providing a place for illegal activity, and that makes you a criminal. Having a nice rental is frustrating, isn't it!
It is awful to have to clean an apt after a smoker. I did it last year ; initially the tenant said he would only smkoe outside and he did for about a year. Then he started bein late with his rent adn started smoking inside.
Well when he left the place was yellow.
Does it matter anymore that what you agree to do in writing, you dont have to follow thru with?? Am I the only old fashioned person here that actually keeps their word.
If someone signs a paper saying no smoking, it means no smoking.
Would the renter like to pay to ahve the apartment cleaned of all the yellow nicotine after he leaves ; I think not. So why is it fair that the landlord has to do it.
d
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