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Tenants Want to Break a Lease Because of a Neighbor's Smoking

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  • 11-30-2015, 01:56 PM
    mayita
    Tenants Want to Break a Lease Because of a Neighbor's Smoking
    My question involves landlord-tenant law in the State of: Maryland.

    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 today 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. What can I do?

    This is what the lease actually says:

    "Tenant(s) acknowledges that the Landlord does not promise or guarantee of a smoke-free living space."
  • 11-30-2015, 03:33 PM
    gail in georgia
    Re: Tenants Want to Break a Lease Because of a Neighbor's Smoking
    Why would the owner living below and smoking "jeopardize" their health? Do these people live in a plastic bubble when they go out into the real world?

    If you do not have a "buy out" clause in your lease (and these are handy to have if your state permits them; they are typically something along the lines of a required 30 day written notice and two months worth of rent) then your tenants are free to continue paying their rent until an acceptable substitute for them can be found. They are free to get off their duffs and help you in this process although you ultimately have the final approval regarding whomever they may find.

    Gail
  • 12-03-2015, 01:12 PM
    mayita
    Re: Tenants Want to Break a Lease Because of a Neighbor's Smoking
    Quote:

    Quoting gail in georgia
    View Post
    Why would the owner living below and smoking "jeopardize" their health? Do these people live in a plastic bubble when they go out into the real world?

    If you do not have a "buy out" clause in your lease (and these are handy to have if your state permits them; they are typically something along the lines of a required 30 day written notice and two months worth of rent) then your tenants are free to continue paying their rent until an acceptable substitute for them can be found. They are free to get off their duffs and help you in this process although you ultimately have the final approval regarding whomever they may find.

    Gail

    My tenant called me 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)

    After I setup the meeting with my lawyer, he refused to meet and said they are going to stay.

    I am really afraid of this person now. He does not seem to be all there mentally.
  • 12-03-2015, 07:39 PM
    adjusterjack
    Re: Tenants Want to Break a Lease Because of a Neighbor's Smoking
    Quote:

    Quoting mayita
    View Post

    I am really afraid of this person now. He does not seem to be all there mentally.

    Then I strongly suggest you prepare yourself for trouble by educating yourself.

    Thoroughly read and understand the Maryland landlord tenant laws 8-101 through 8-216 of the Maryland Property Code:

    http://www.mgaleg.maryland.gov/webmg...S&tab=subject5

    Some Maryland cities and counties have their own landlord tenant codes that supplement the state law, so check for that, too.

    And become familiar with housing court:

    http://www.courts.state.md.us/legalhelp/housing.html

    I suggest that any communication you make to your tenant be in writing so you lay a paper trail for your own protection.

    Since you have a lawyer, you should be going over all this with him, too.

    PS: His onslaught may have not been indicative of a mental issue. It may have been that he was testing your mettle to how far he could get with you. You slapped him down right and proper which is the way you should always treat uppity tenants. Been there, done that.
  • 12-03-2015, 07:52 PM
    llworking
    Re: Tenants Want to Break a Lease Because of a Neighbor's Smoking
    Quote:

    Quoting mayita
    View Post
    My tenant called me 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)

    After I setup the meeting with my lawyer, he refused to meet and said they are going to stay.

    I am really afraid of this person now. He does not seem to be all there mentally.

    Some people are so rabidly anti smoking that they come across seeming as "not all there" mentality, but that is normally the only area in their lives where they are like that.
  • 12-04-2015, 09:31 AM
    mayita
    Re: Tenants Want to Break a Lease Because of a Neighbor's Smoking
    Quote:

    Quoting llworking
    View Post
    Some people are so rabidly anti smoking that they come across seeming as "not all there" mentality, but that is normally the only area in their lives where they are like that.

    My tenant has resorted to make a lot of maintenance requests (given he cannot get out of the lease).

    I have prepared written forms documenting EVERYTHING

    Does a landlord has any recourse if the tenants abuse the maintenance?

    - - - Updated - - -

    Quote:

    Quoting llworking
    View Post
    Some people are so rabidly anti smoking that they come across seeming as "not all there" mentality, but that is normally the only area in their lives where they are like that.

    I understand that. However if you are like that, you need to ask that first thing.
  • 12-04-2015, 10:02 AM
    adjusterjack
    Re: Tenants Want to Break a Lease Because of a Neighbor's Smoking
    Quote:

    Quoting mayita
    View Post
    My tenant has resorted to make a lot of maintenance requests (given he cannot get out of the lease).

    Does a landlord has any recourse if the tenants abuse the maintenance?

    Not if the maintenance requests are legit and they are your responsibility.

    What, exactly, is he asking for?
  • 12-04-2015, 10:15 AM
    mayita
    Re: Tenants Want to Break a Lease Because of a Neighbor's Smoking
    Quote:

    Quoting adjusterjack
    View Post
    Not if the maintenance requests are legit and they are your responsibility.

    What, exactly, is he asking for?


    One is for the fridge (which has ahd problems in the past, we will buy a brand new one ASAP)

    2 and 3 are faucet stoppers and a door knob.

    He is back to being nice. It is going to be a long year
  • 12-05-2015, 06:03 AM
    gail in georgia
    Re: Tenants Want to Break a Lease Because of a Neighbor's Smoking
    Luckily you can take advantage of some of the Black Friday sales regarding appliances such as refrigerators.

    Sometimes if you require "non-emergency" (i.e., if it ain't fire, flood or blood related) repair requests be made in writing via snail mail (NOT email) this slows down pain in a low spot maintenance requests.

    Remember if these folks make it seem like your long year with them might end up being a decade there is always the Happy Clause route to offer.

    Gail
  • 12-05-2015, 08:24 AM
    adjusterjack
    Re: Tenants Want to Break a Lease Because of a Neighbor's Smoking
    Quote:

    Quoting mayita
    View Post
    One is for the fridge (which has ahd problems in the past, we will buy a brand new one ASAP)

    2 and 3 are faucet stoppers and a door knob.

    He's put you on reasonable notice of defects. If anything bad happens before you get them fixed you could be financially responsible for any damages he sustains.

    Being a landlord is ALWAYS a hassle. I had 20 years of it and finally got rid of the rentals.

    If you can't stand the hassle of being a landlord, don't be one. It's that simple.
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