MY TENANT TOLD HE WAS NOT A SMOKER WHEN I RENTED THE APT TO HIM.......NOW HE AND HIS FRIENDS ARE SMOKING IN MY HOUSE . I AM NOT A SMOKER AND HIS SMOKING IS MAKING ME SICK. WHAT RIGHTS DO I HAVE?
2006-09-02 22:03:26 · 22 answers · asked by doris h 1 in Business & Finance ➔ Renting & Real Estate
Serve him eviction papers. If he can't abide by your rules, then he can go find somewhere else to live.
2006-09-02 22:06:25 · answer #1 · answered by Anonymous · 2⤊ 0⤋
If you had the "no smoking" clause in your rental agreement, you simply enforce the clause with legal action; however, if that was simply a verbal question there's not much you can do about it. Smoking (as long as it's cigarettes) is not illegal. However if you do not have a rental contract at all, perhaps you can raise his rent until he decides he'd rather smoke somewhere else. You may want to call an attorney on the subject because every state has different rules. This is one reason why a clearly spelled out rental agreement is essential.
2006-09-02 22:10:17 · answer #2 · answered by Anonymous · 1⤊ 0⤋
Being a landlord is tough ( I own several rentals myself). If you have a no smoking clause in your lease then legally you can evict him BUT when you go to court he will say that he did not know and has stopped smoking in the house. The case will be dismissed and then he will start again, then you can repeat the process and pay court fees, lawyer fees etc. over and over.
In short you have a lot of legal rights but practically none. if he refuses to stop and speaking with him the best thing you can do is not renew his lease when it expires or if he is month to month give him a notice of non renewal and get his *** out. Use his deposit to clean the smoke smell and mail him a letter stating that his deposit went towards cleaning.
On a side not i like to call 2 landlords back when interviewing a tenant to ask about smoking and behavior as the current landlord has incentive to lie to get them out.
2006-09-02 22:12:53 · answer #3 · answered by ken 3 · 1⤊ 0⤋
be direct and tell him once, that it is not negotiable and that he should start looking for somewhere else to live immediately. Also you could install more smoke detectors that are less visible and set very sensitive level so it will go off at all times. ...then start official legal procedure to evict. If he is not going to respect one rule he may violate others or even trash the place/steal from it so beware now. Next time do more thorough investigation-ask the person how much they smoke or if they are trying to quit-or pretend you smoke by leaving a pack of cigarrettes on table and ask him/her if they would like a cigarrette-smell their jacket for smoke,etc. Be tricky and thorough.
2006-09-02 22:14:23 · answer #4 · answered by FoudaFaFa 5 · 1⤊ 0⤋
Inside smoking is very difficult to deal with, not just for the bad smell, but for the negative health effects. The contaminants from smoking can stay on surfaces for years and are basically impossible to clean off (your only option is to prime and paint -- hopefully sealing them underneath). Surely you know that 2nd hand smoke has terrible effects on those in the house (lung damage, carcinogenic exposure), but the 3rd hand effects of the contaminants on the surfaces, even after the smoke has cleared, are very serious as well. If your nan really wants to spend the last of her years destroying her health as well as the health of those around her (you might explain to her the very serious consequences of her actions), I guess that's her choice. Your best bet then is to get several air purifiers, with true HEPA + carbon filters, for the house; the big ones you find at Target or Walmart are typically good for 150 square feet of space, so you'd need one for every room. They will clean the air and deal with the smell well enough; as for the contaminants on the walls and the ceiling -- there's not much you can do there. Say, 'THANKS NAN!' Good luck.
2016-03-17 07:05:29 · answer #5 · answered by Anonymous · 0⤊ 0⤋
I don't have a good answer. But your scenario description is a little confusing too. You referenced the building as both house and apartment. It's not clear if you are an apartment owner/manager, or if you live in an apartment that you took in another roommate? It may help with answer accuracy to know more about your some of these extras.
2006-09-02 22:09:40 · answer #6 · answered by nothing 6 · 1⤊ 0⤋
Go to your doctor and ask him to give you something that shows that the smoke isn't good for you. Then show it to your living partner. If he/she cares about you, then he/she will stop smoking around you or in your house!
2006-09-02 22:18:19 · answer #7 · answered by slinside 1 · 0⤊ 1⤋
Unless you had a contract stating the rules and he signed it, you have no rights. But it is your apartment so you can find some one else to rent your apartment and then give him a notice to leave in a certain amount of time and if he doesn't you can bring lawyers because you had already given him notice!!!
2006-09-02 22:21:53 · answer #8 · answered by Nemo 2 · 1⤊ 0⤋
Tell him if he keeps smoking then your gonna wait until he falls asleep and you are going to set him on fire! Start acting like a psycho and he will want to get out asap! You do have rights but unfortunately its very hard to implement them! Good luck
2006-09-02 22:07:37 · answer #9 · answered by kill2this 1 · 2⤊ 1⤋
Have then legaly evicted is or would be the best option. Or you could file for an injunction on their smoking habits, and claim it is destroying your physical well being. just my thoughs
2006-09-02 22:35:52 · answer #10 · answered by Mr. Brightside 3 · 1⤊ 0⤋