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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.
I don't think there is anything you can do to force them out but you could make it easier for them to leave. Tough situation when a tenant thinks the world revolves around them.
I doubt there would be anything they could actually sue you for since smoking is allowed and you say you didn't know. I'm not sure if the research has yet confirmed the harm of third hand smoke. One thing is for sure, the discomfort and consequences of third hand smoke are real. My downstairs neighbor smokes heavily and without fail, around 2-3 am the smell is so strong that it wakes me up. Several times it's caused headaches and/or vomiting. I'm an ex smoker and this isn't me being too sensitive or thinking the world revolves around me. I'm now aware of what other people around me had to put up with simply because I wanted to smoke. Unless someone is in a single family home, smoking is something that can barely be contained and it can and will affect others.
I think if both of you want out of the deal, then it's better to make that happen. Making that happen might mean that you'll need to return some of the deposits and other payments. Not saying you should take a loss, but if they can't afford to move because they've handed all of their moving money over to you, then you'll be stuck in a miserable situation for a year.
I am far from an expert in these matters, but if it were me, I'd give him his deposit back and let him go, provided he moves out immediately. You are in for a LOOOOOOOOOOOONG year otherwise.
I agree with the poster above. Tell them you will give them their security back, and then tell them they have 30 days to get out.
The tenant below is allowed to smoke in his apartment.
they cant sue you because you supplied the apartment to which they are renting. It is beyond your control what the tenants below or above do. that is not your responsibility.
Do not let them intimidate you/
I agree with the poster above. Tell them you will give them their security back, and then tell them they have 30 days to get out.
The tenant below is allowed to smoke in his apartment.
they cant sue you because you supplied the apartment to which they are renting. It is beyond your control what the tenants below or above do. that is not your responsibility.
Do not let them intimidate you/
Yeah but if I do that I will be at a loss.
I am going to tell them they can pay the rent until I find a new tenant or we will go to court.
I couldn't live over a smoker either. This is only one reason I never want to live in an apartment or condo building ever again.
As a landlord, I've learned that sometimes you just have to let them go. I wouldn't agree to pay for their moving costs, but I'd let them move without penalty, as long as they paid rent and utilities (whatever they were responsible for per the lease) for the time they actually live there, let me show it for rerental immediately, and leave it clean and undamaged (shouldn't be a problem after less than a month).
Those would be my terms.
I'm not sure what you meant by "split the baby on half". If you were saying that you would only charge them for 6 months' worth of rent (1/2 the lease term), that isn't a compromise, since a normal lease break penalty is equal to 2 months' worth of rent.
I couldn't live over a smoker either. This is only one reason I never want to live in an apartment or condo building ever again.
As a landlord, I've learned that sometimes you just have to let them go. I wouldn't agree to pay for their moving costs, but I'd let them move without penalty, as long as they paid rent and utilities (whatever they were responsible for per the lease) for the time they actually live there, let me show it for rerental immediately, and leave it clean and undamaged (shouldn't be a problem after less than a month).
Those would be my terms.
I'm not sure what you meant by "split the baby on half". If you were saying that you would only charge them for 6 months' worth of rent (1/2 the lease term), that isn't a compromise, since a normal lease break penalty is equal to 2 months' worth of rent.
There is no lease break penalty on the lease. They are liable for the whole lease.
I understand that 3rd hand smoking is awful but is not illegal in my state. We do not live in a smoke free community
I am going to let the attorney explained to them they are liable for the rest of the lease.
Then you are willing to let them keep there stuff in there until the lease expires?
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