Question on For-Cause notice to a Tenant

Question on For-Cause notice to a Tenant by floatinghead (Oregon) on March 23, 2012 @04:35

We have a tenant who's smoking over the last few months has really been bothering the upstairs neighbors (who have kids) and they are pretty upset about it. The last official incident was 2 weeks ago and he only has about 2 months left on his lease, which we don't plan on renewing. I spoke with an attorney who suggested I send him a notice ( with option to cure) as it would be good policy to do so. With his lease ending so soon, it feels strange to apply hard deadlines as his lease would only end a month early and its doubtful a real eviction would be worth the effort given the timing. The attorney suggested to have the notice not go into effect as long as we are free from incident and i think i'm liking the way that sounds. any opinions? and speedy replies would be appreciated!

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Re: Question on For-Cause notice to a Tenant by Katiekate (New York) on March 23, 2012 @06:30	[ Reply ]

I wouldn't do it. Let the lease run out..and they are gone. But, since they have been trouble; it is reasonable to expect that such a notice will provoke yet more trouble. I know that in most States you will have a very hard time ever evicting for anything other than non-payment of rent. I don't think that lawyer is giving you good advice. I think that should this whole thing end in a tussle and legal action he this thinking he will get paying work. Frankly, you best interest is served in letting these last 2 months pass and having the tenant move out with the least trouble and expense. Send a notice that you will not renew to the lease and they will be required to move...make it a 60 day notice. Be very nice about it. I always include a "helpful hints" page to remind them of the sort of things that tenants in the past forgot to do and it cost them money from their deposit. All in the spirit of helping them to be sure they get they deposit back. Lay low..it's almost over. Don't do anything that is going to cost you money now. Don't do anything to give this tenant a reason to trash your place.

Re: Question on For-Cause notice to a Tenant by Brenda on March 23, 2012 @10:05	[ Reply ]

In an Oregon case, a jury found that a landlord liable for violating the warranty of habitability by moving a known smoker into an apartment below a nonsmoking resident who was sensitive to secondhand smoke. The jury awarded the resident damages to cover her medical bills. Your neighbor has kids, the award will be much more. (Fox Point Apt. v. Kippes, No. 92-6924,(Lackamas County (OR) Dist. Ct. 1992). The landlord moved a known smoker into the apartment below a nonsmoking resident who began to suffer nausea, swollen membranes and respiratory problems as the cigarette smoke entered her apartment. The tenant sued the landlord, The jury unanimously found the landlord liable). You should evict now before the neighbor takes legal action against you. Would you subject your kids to second hand smoke?

Re: Question on For-Cause notice to a Tenant

Re: Question on For-Cause notice to a Tenant by MrDan (Georgia) on March 23, 2012 @10:30	[ Reply ]

A 2006 court case, Poyck v. Bryant, found that secondhand smoke drifting between apartments was a breach of the implied warranty of habitability and was grounds for a constructive eviction. The judge ruled that the landlord was responsible for the acts of a third party—the smoking tenant—and that the landlord should have taken steps to eliminate the secondhand smoke problem. Secondhand smoke can interfere with disabled tenants' ability to have equal access to and enjoyment of their housing. Depending on the case, certain tenants may be able to use the Americans with Disabilities Act and/or the Fair Housing Act to bring legal action against landlords for not making reasonable accommodations to protect them from secondhand smoke. You need to act now! This will soon cost you if you do nothing!

Re: Question on For-Cause notice to a Tenant

Re: Question on For-Cause notice to a Tenant by Anonymous on March 23, 2012 @17:08	[ Reply ]

Your lease does not prohibit smoking. You have to permit the tenant to continue to smoke. Any amendments or addendums to your current lease must be signed by both parties. As for the tenant who has health issues and children, did the tenant realize the places were smoking rather than non-smoking? You may want to try and mitigate any issues with the upstairs neighbor by doing some research and seeing what you can put in place ASAP as far as air purifiers etc until the smoker leaves at the end of his lease (2 months remaining, right?). You might also offer that she could break their lease early without penalty and all of the SD would be returned to her if the place was left as clean as it was when they moved in...

Re: Question on For-Cause notice to a Tenant by Anonymous on March 24, 2012 @03:28	[ Reply ]

It is not worth your effort to get the smoking tenant out two months early. Did you advertise the place as nonsmoking to the upstairs tenants? I would just tell the upstairs tenants the lease runs out in sixty days, and at that time the place will become nonsmoking. Choose the new tenants carefully, if you are going to keep the place nonsmoking. Do not let squabbling tenants pull you into a disagreement, treat each group equally. Or you are training tenants to complain, which is never good, because the tenants will find something wrong with the next person you rent the downstairs place to, whether it is smoking, keeping a pet they don't like, having children their children don't like, coming home at night too late,etc. While you are at it, do not let the upstairs tenants pick who they want to live next door to, and reduce the size of your potential tenant pool. Why bother with the work of creating an option to cure if you are not planning to renew the downstairs tenant's lease? Sounds like the lawyer sees something he could charge for doing. Look at the whole picture. You probably need to rent both units.

Re: Question on For-Cause notice to a Tenant