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

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!

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Re: Question on For-Cause notice to a Tenant by MrDan (Georgia) on March 23, 2012 @11:16	[ Reply ]

Oregon law states the following: …The rental agreement for a dwelling unit regulated under ORS Chapter 90 [Landlord –Tenant Law] must include a disclosure of the smoking policy for the premises on which the dwelling is located. The disclosure must state whether smoking is prohibited on the premises, allowed on the entire premises or allowed in limited areas on the premises. If the smoking policy allows smoking in limited areas on the premises, the disclosure must identify the areas on the premises where smoking is allowed. Are you in compliance with your State Law? This went into effect in January 2010.

Re: Question on For-Cause notice to a Tenant by floatinghead (Oregon) on March 23, 2012 @11:29	[ Reply ]

Thanks for your response. No, we didn't have a smoking policy clause in place ( but am aware of it now as the lease was initially created in 2009. my mistake and this will change going forward). So i haven't told him not to smoke, but was clear when each incidents arose that he couldn't bother the neighbors. These are articulated more clearly in the notice. We are friends with the neighbors and have been working with them as well on how to handle this. As we haven't had an official complaint in 2 weeks, i will send a notice to make him aware of the policy and that the 14 day fix/cure period will begin if another incident arises. does that sound like a good plan? he has the information and that we are serious, but since he has been taking some form of measure ( has been seen smoking outside the building in the the morning rain) it hopefully won't make the situation worse, I want to make sure I'm covered from a liability standpoint while also not making the situation worse. with a 14 day fix/cure violation and a 30 day moveout, there would only be 30 days left to cure if this was enforced today..... make sense?

Re: Question on For-Cause notice to a Tenant by Katiekate (New York) on March 23, 2012 @12:04	[ Reply ]

Trouble is you cannot just change the rules in the middle of a tenancy. Smoking is not doing anything wrong. You allowed it all this time...if you want to change the rules you don't get to do that in the middle of a lease. So.. in view of the lease...fix or cure WHAT? smoking...?? he is allowed to do this. You haven't a leg to stand on here. If you make this tenants life miserable..you will get sued from the other end.... ie: landlord preventing tenant from peaceful habitability. Yes.. fix this with a no smoking police in the NEXT LEASE...but if you try to proceed against this tenant you will just make the situation nasty. Meanwhile, do what you can to keep the peace..show the upstairs tenant that you are getting rid of the tenant below.

Re: Question on For-Cause notice to a Tenant