Re: Question on For-Cause notice to a Tenant

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

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.

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Re: Question on For-Cause notice to a Tenant by floatinghead (Oregon) on March 23, 2012 @12:17	[ Reply ]

I never said I would be changing the lease contract mid term. I am going to fix the lease ( it is already amended) for the next potential tenant. In oregon law, you can provide a for-cause notice that gives the tenant a time frame to cure/fix the problem or the lease is terminated. their words, not mine. He is in violation of oregon law, the lease and HOA bylaws for not allowing neighbors to peacefully enjoy their own premises. I never told him he couldn't smoke in the unit, but if it continues to bother the neighbor, we need to find a solution. I provide options (fix/cure) including looking into a smokeless ashtray and air purifier if he's smoking inside or smoking in a location outside the unit so as not to bother the neighbors. i know, this is awkward.....

Re: Question on For-Cause notice to a Tenant by Mary on March 23, 2012 @12:57	[ Reply ]

A no-smoking ban can be added to house rules incorporated into the lease, as a lease addendum, or as a condition in the lease. Whether a landlord can fast-track the nonsmoking policy depends on whether they reserved the right to change tenant policies upon short notice.

Re: Question on For-Cause notice to a Tenant by floatinghead (oregon) on March 23, 2012 @13:00	[ Reply ]

lease terms can change before its up, but it needs to be agreed upon and signed by the tenant. not sure thats going to happen....