Please register to participate in our discussions with 2 million other members - it's free and quick! Some forums can only be seen by registered members. After you create your account, you'll be able to customize options and access all our 15,000 new posts/day with fewer ads.
Stop being a stingy scumlord. Give them back their deposit and move on with yourself. If you tick off the wrong people, your life could be in jeopardy.
I find it very risky to keep unhappy people living in a unit that they desperately want out of. There are lots of crazy people out there and who knows what some of these folks are capable of.
I find it very risky to keep unhappy people living in a unit that they desperately want out of. There are lots of crazy people out there and who knows what some of these folks are capable of.
Everyone seems to think the OP is to blame here. The tenants are the ones who are breaking the lease...NOT the landlord? Yes, there are a lot of crazies, but you seem to think that this is a reason to simply disregard Maryland's landlord/tenant laws...which were written to protect both parties.
If the tenants threaten bodily harm, you call the police.
If the tenants trash the place, you file a complaint and have them arrested for vandalism and willful destruction of property. Be sure to let them know that you WILL do this.
OP...don't be a doormat to the threats and intimations of these idiots. They obviously did not read their lease and have decided to ignore the laws. Sue their butts off if they stray anywhere outside of the law.
Yeah, I'm going to go out on a limb and say that perhaps the tenants have good cause to want to escape you after four days and maybe they also aren't the instigators here.
I talked to the county today. They told me I am not obligated to provide a smoke free environment. It is stated on the lease.
The cases using smoke free regulations does favor the landlord because unless the premise is smoke free, you have no control over the other tenants lawful use of their property. BUT, tenants are no longer suing over smoke free, they are using a provision of law where they claim the premises is uninhabitable due to a recognized health hazard AND that that hazard arises to the level where the occupants can not inhabit the property in quiet enjoyment. That's the kicker. The courts have been divided to this as a case of constructive eviction but almost all will favor the tenant in their decision. The risk is for the court to tell the tenant they are legally obligated to the full terms and conditions of the lease they signed yet also instruct you to mitigate the hazard or face the possibility of it being considered constructive eviction.
I'm surprised your attorney has not discussed this with you and gone over the case law that supports your position and those that support the tenant. You can't make these decisions blind. What is your attorney advising you to do?
The cases using smoke free regulations does favor the landlord because unless the premise is smoke free, you have no control over the other tenants lawful use of their property. BUT, tenants are no longer suing over smoke free, they are using a provision of law where they claim the premises is uninhabitable due to a recognized health hazard AND that that hazard arises to the level where the occupants can not inhabit the property in quiet enjoyment. That's the kicker. The courts have been divided to this as a case of constructive eviction but almost all will favor the tenant in their decision. The risk is for the court to tell the tenant they are legally obligated to the full terms and conditions of the lease they signed yet also instruct you to mitigate the hazard or face the possibility of it being considered constructive eviction.
I'm surprised your attorney has not discussed this with you and gone over the case law that supports your position and those that support the tenant. You can't make these decisions blind. What is your attorney advising you to do?
OP made it very clear in her lease that the unit was not "smoke free". Also, how does the owner of a condo "mitigate" what other owners or tenants do?
They want to move, you can't keep them there. Let them move. Advertise, re-rent and charge security deposit against lost rent, advertizing, damage, etc. and send them a bill. If not paid, small claims court.
This would be pretty cut and dry in my state. Check with your attorney, but I wouldn't return any of their deposit unless you get a new tenant in right away. Make sure you comply with state laws re: deposit accounting.
The cases using smoke free regulations does favor the landlord because unless the premise is smoke free, you have no control over the other tenants lawful use of their property. BUT, tenants are no longer suing over smoke free, they are using a provision of law where they claim the premises is uninhabitable due to a recognized health hazard AND that that hazard arises to the level where the occupants can not inhabit the property in quiet enjoyment. That's the kicker. The courts have been divided to this as a case of constructive eviction but almost all will favor the tenant in their decision. The risk is for the court to tell the tenant they are legally obligated to the full terms and conditions of the lease they signed yet also instruct you to mitigate the hazard or face the possibility of it being considered constructive eviction.
I'm surprised your attorney has not discussed this with you and gone over the case law that supports your position and those that support the tenant. You can't make these decisions blind. What is your attorney advising you to do?
The people downstairs own their unit. I cannot harass them either.
Everyone seems to think the OP is to blame here. The tenants are the ones who are breaking the lease...NOT the landlord? Yes, there are a lot of crazies, but you seem to think that this is a reason to simply disregard Maryland's landlord/tenant laws...which were written to protect both parties.
If the tenants threaten bodily harm, you call the police.
If the tenants trash the place, you file a complaint and have them arrested for vandalism and willful destruction of property. Be sure to let them know that you WILL do this.
OP...don't be a doormat to the threats and intimations of these idiots. They obviously did not read their lease and have decided to ignore the laws. Sue their butts off if they stray anywhere outside of the law.
Everyone seems to think the OP is to blame here. The tenants are the ones who are breaking the lease...NOT the landlord? Yes, there are a lot of crazies, but you seem to think that this is a reason to simply disregard Maryland's landlord/tenant laws...which were written to protect both parties.
If the tenants threaten bodily harm, you call the police.
If the tenants trash the place, you file a complaint and have them arrested for vandalism and willful destruction of property. Be sure to let them know that you WILL do this.
OP...don't be a doormat to the threats and intimations of these idiots. They obviously did not read their lease and have decided to ignore the laws. Sue their butts off if they stray anywhere outside of the law.
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.
Please register to post and access all features of our very popular forum. It is free and quick. Over $68,000 in prizes has already been given out to active posters on our forum. Additional giveaways are planned.
Detailed information about all U.S. cities, counties, and zip codes on our site: City-data.com.
Please register to participate in our discussions with 2 million other members - it's free and quick! Some forums can only be seen by registered members. After you create your account, you'll be able to customize options and access all our 15,000 new posts/day with fewer ads.
