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Re: Gun club nearby - tenant wants to terminate lease - Landlord Forum thread 344559

Re: Gun club nearby - tenant wants to terminate lease by P-Bone (NY and OH) on April 21, 2016 @13:15

                              
I wouldn't necessarily agree with letting them out of the rental agreement, it is their responsibility to do appropriate research into the area with regard to any neighborhood issues. As stated, the gun club is likely abiding by the local ordinances by ceasing operations at 10pm. With that in mind, if they had a noisy neighbor enjoying the nice weather until 10pm at night, there would be nothing they could do about it. You have no control over the neighbor, just like you have no control over the gun club. If you lived next to a farm and had a rooster crow every morning, I wouldn't give the happy clause for that.

If I felt it was necessary to let them go, it would come at a high price. Simply doing the screening and then taking it off the market has to cause a rift in normal screening procedures, because those that may have been interested before, may not be interested anymore. So, in my mind, allowing them to leave would have to come with high fees.
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Re: Gun club nearby - tenant wants to terminate lease by Anonymous on April 21, 2016 @13:38 [ Reply ]
How can you charge 'high fee's, where in the standard rights does it allow me to do this? The gun club just opened last week and the activity has been building, so they could argue that there was no way for them to understand the true level of activity that they are now witnessing. They will likely go to court and they are claiming a violation on my behalf, which would not allow me to charge them high fees. As a matter of fact, I'm told that violating the quiet enjoyment clause could result in them claiming a repayment of rent from the time they notified me of the alleged violation until I let them out of the lease or resolved the issue. I'm just wondering what real defenses I would have, and charging high fees for something that was on the if come, meaning it was never their intention to terminate the lease, I don't see how that can be justified in court.
    Re: Gun club nearby - tenant wants to terminate lease by tenant advocate on April 21, 2016 @14:26 [ Reply ]
    I'm glad it sounds like you are leaning towards the happy clause. A few other ideas might be to offer them a discount (it is going to be harder to rent anyway due to the noise) or possibly work on soundproofing things more and/or to maybe purchase a white noise generator or two for tenant use. It might be possible to make it so you both can be happy despite the unpleasant circumstances.

    If it just opened up then make sure to explain that to them if they aren't aware so that they do not see you negatively as someone who tried to take advantage of them.
    Re: Gun club nearby - tenant wants to terminate lease by P-Bone (NY and OH) on April 22, 2016 @06:51 [ Reply ]
    Personally, if I had a lease, the "high fees" would relate to a buy-out. I could either keep them liable for the lease, or for a "fee" they could buy out of that liability immediately.

    How are you violating quiet enjoyment? If the gun club is maintaining business during the hours allowed by the local municipality, then there is nothing you can do about it. The local municipality set those standard rules to assist with enforcing quiet enjoyment and have apparently determined that it is acceptable for those noises to go on until 10pm. If there is an issue in your neighborhood then all the property owners should take it to the town.

    The gun club just opened last week? I thought you said it had been there for a long time and most neighbors are used to it? If it just opened for the season, that still doesn't release the prospect from doing their due diligence in researching the neighborhood they chose to rent in.

    You are not at fault for anything, they have no case.

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