Dealing with smoking tenants. My rights

[kaiotes]

I live with my parents they we are renting out one side of the house to people.
in original lease agreement there was no mention of no smoking clause.
after an incident about a wk ago, we made them sign no smoking clause.
well few min ago i left my room to go bathroom to get ready to sleep, i smell smoke, what kind of rights do we have.
we already served 'em w/ vacate papers, and they have to leave within 30 days and counting last wk.
can i call the cops and make 'em stop smoking or whatever?? give them citation or whatever?
i really hate smokers, i just hate the smell of the smoke. (if it was ordorless, i dun really care)
Neutral on the second hand smoke BS.

***
how about a lawsuit? breaking a contract? or be easier to just deduct out of deposit? hehe
but seriously, i really hate smokers

 

[rangeLife]

i would try to relax and not be so anal about it. you already served them with vacate papers (?) so chill out. its not like they're coming up to you and blowing smoke in your face.

i realize its your house and everything, but you did rent out a portion of it and you didn't specify no smoking at the start. i think calling the cops would be ridiculous. just my opinion though.

 

[ViperMagic]

Um.. well my dad owns a few apt's and from reading some of his stuff I belive you can call the police, evicte them (which you are in the process of doing) and I'm not sure but I think i read somewhere you can sue them for breech of contract or something. If there is anything that smells now you can withhold some or all of there security deposit.

 

[kaiotes]

but after the initial incident, they signed an amendment to lease, saying they wouldn't do it again. its a legal contract.
if the smoke doens't leak through to our part of house, i wouldn't give a rats a$$, but i'm smelling the smoke.

 

[rangeLife]

Well, i see your point if they signed a contract stating no smoking. I would at least tell them that you are considering involving "the authorities" in the matter. I bet that would get them to stop.

 

[kaiotes]

what i wonder is what the authorities CAN do.
i doubt we can just instaneously kick 'em out jsut cuz they decided to smoke. or?...

 

[Lord Evermore]

You wouldn't be able to kick them out without at least 2 weeks for an eviction notice (depending on the state), but you'd have created a complaint which would be registered in the legal system, so if you decided to withhold some of their deposit or try to sue them, you'd have documentation that you had a complaint. I'm not sure you'd win a suit if you tried to sue for damages, since anything like needing to repaint or clean to get the smell out would have already happened, before the amendment was signed.

 

[Blayze]

I hate smoking too, but I live at my parents house and my dad smokes so I have to smell it.
Nothing I can do about it, he pays the bills, etc...

 

[Jfur]

this is happening to me, too. we live in a single house that has separate entrances. they are not supposed to smoke. i am HIGHLY ALLERGIC to smoke. the smell actually makes me nauseous and creates enough throat irritation to develop into a cold. it feels like i have the flu constantly. we asked them to stop, but they keep "sneaking"

 

[Aceman]

What torques me off in the first place is that you initially rent to them under a lease that had no smoking clause. Then you make them sign a "no smoking clause". (They were pretty stupid not to bring you to court over that action.) No you want them evicted because they're doing something that was allowed in the original lease. If the tennants had any brains they'd take this deal to court just to hear the judge laugh the eviction notice out of the courtroom.

Think of it like this. You rent to a dog owner. Then a week later you make them sign a clause for "no pets" and then evict them. Won't hold up in a court of law!

 

[SuperSix]

<< I live with my parents they we are renting out one side of the house to people.
in original lease agreement there was no mention of no smoking clause.
after an incident about a wk ago, we made them sign no smoking clause.
well few min ago i left my room to go bathroom to get ready to sleep, i smell smoke, what kind of rights do we have.
we already served 'em w/ vacate papers, and they have to leave within 30 days and counting last wk.
can i call the cops and make 'em stop smoking or whatever?? give them citation or whatever?
i really hate smokers, i just hate the smell of the smoke. (if it was ordorless, i dun really care)
Neutral on the second hand smoke BS.

***
how about a lawsuit? breaking a contract? or be easier to just deduct out of deposit? hehe
but seriously, i really hate smokers >>



Hate is the wrong word..

BUT. you may not be able to enforce the no smoking one, as you had set a precedent by letting them live there and smoke for awhile before getting them to sign a non-smoking clause w/questionable legal footing. They can say they signed the clause under duress, fearing they would lose the roof over their head. I'm sure you've talked to them, correct? You may want to talk to them a few times, then thresten to withhold deposit or raise the rent to cover the smoke damage removal upon them leaving. That may not be legal either, but they may respond better if there is a monetary threat.

 

[huanaku]

If they had a deposit, use it to &quot;clean up&quot; the smoke. Maybe you should just ask them to stop as well. If they signed an ammendment, it is binding even if they are getting kicked out. They're responsible for all smoke damage caused after you got their signatures.

 

[Aceman]

<< after an incident about a wk ago, we made them sign no smoking clause. >>



Somebody get these tennants an attorney! All they have to do is go into a courtroom and fight an eviction. You made them sign it after an incident????? These poor tennants signed it just to keep a roof over their heads. Attorneys would have you for lunch in court. I'd let a sleeping dog lie and take the deposit to use in &quot;cleaning up the smoke&quot; There has to be some reasoning there too. Better have a sensible bill for cleaning up the smoke.

 

[riddelrp]

<< If they had a deposit, use it to &quot;clean up&quot; the smoke. Maybe you should just ask them to stop as well. If they signed an ammendment, it is binding even if they are getting kicked out. They're responsible for all smoke damage caused after you got their signatures. >>


Yeah, but how do you prove that the damage wasn't caused before the ammendment? that would be VERY difficult to prove BEYOND reasonable doubt in a court of law.

-Ryan

 

[chainbolt]

smoking is evil, kick them out

 

[SuperSix]

<< smoking is evil, kick them out >>



Another high-quality post by Chain bolt.

 

[Lemondrop]

If they have kids and you piss them off , they can stay for a LONG time for free . Best to do as someone else said and leave them alone . Id rather them leave than piss em off and have them puffing smoke for months and LOL at you .

 

[ElFenix]

sure they aren't outside and the smoke coming through a window? that happens all the time here. dude below me smokes on his porch and the smoke comes up into my room.

 

[kaiotes]

let me just make this clear.
there was no mention of whether smoking was allowed nor disallowed.
and just 2 adults, and i think it is their guests who are do'n the puffing.

 

[Red Dawn]

Dude, if they wanted too they could contest the eviction and possibly stay another 3 to 6 months while it went throught the system (the eviction) There's nothing you can do and if I were you I'd stop being a pain in the ass and just deal with it.

 

[Ultima200]

<< Another high-quality post by Chain bolt. >>




LOL

 

[kamiam]

<< Another high-quality post by Chain bolt. >>

should be nut-bolt

 

[Lucky]

i dont even think your eviction will hold under court. You forced them to sign an ammendment under duress (thread of eviction). It wasnt in the original lease.

If I was them, I would sue your ass so bad I'd end up owning the whole house by the time I was done with youl.

 

[Hamburgerpimp]

My advice is, relax, go get some Onion Rings and a Root Beer. It works everytime.

 

[DonnaRhia]

My advice is to stop seeking legal advice from non-licensed, non-degree holding, pre-pubescent, pimple faced, morons...

...but that's just me.