Re: Smoking Tenant bothering upstairs neighbor....

Re: Smoking Tenant bothering upstairs neighbor.... by Anonymous on March 12, 2012 @14:55

Does your lease with the tenant have a clause regarding the tenant abiding by the rules and bylaws of the association? This banket clause is a must in rentals that have HOAs.

Regardless, you ultimately can be held accountable for your tenant's actions. Especially if it can be shown that you were notified of the issue and failed to do anything to try to remedy it.

Sure, you can hedge your bets and try to wait out the three months but it might come back on you later on when you need the association's cooperation.

Your tenant sounds like a real self centered ahole BTW.

[ Reply ] [ Return to forum ]

Re: Smoking Tenant bothering upstairs neighbor.... by Anonymous on March 12, 2012 @16:49	[ Reply ]

The tenant did sign a separate form that said that he would abide by the rules and regulations of the HOA. I know there are procedures in which to give the tenant a fixed amount of time to remedy the situation, otherwise his lease will be considered in violation, but i don't know the ins and outs and how it should be worded for this situation. Should I speak with an attorney on how to proceed? He is definitely aware of the neighbors concerns and I have clearly communicated with him about the issue. thanks

Re: Smoking Tenant bothering upstairs neighbor.... by Floatinghead (Oregon) on March 12, 2012 @16:50	[ Reply ]

(this is my response above....)

Re: Smoking Tenant bothering upstairs neighbor.... by MrDan (Georgia) on March 12, 2012 @17:02	[ Reply ]

The neighbor may choose from a variety of options when pursuing a claim against a landlord, condominium board, or the offending smoker, including: Voluntary compromises or settlements. A disability claim with the Department of Housing and Urban Development or its state equivalent. A small claims court case. If applicable, a case with a landlord-tenant court. A traditional lawsuit in state court. You really need to act now, this has gone on long enough for the neighbors to complain several times. The neighbors do not have to wait till your tenant remedy's the situation. You are the one legally responsible as you are the owner!