I have Tenant That is Constantly Claiming to Smell Smoke

I have Tenant That is Constantly Claiming to Smell Smoke

Investor · Halethrope, MD · Member since 2019 · 21 posts · 9 votes

About a month ago, I had a new tenant move into the upstairs unit of my property.  Almost immediately the tenant in the basement started complaining about noise from thier unpacking, her cat and dog making noises, and marijuana smoke (which she has for medical purposes). I would reach out to the upstairs tenant about these issues and they assured me that they would only smoke outside and that they took steps to mitigate the noise in an effort to be as respectful to the tenant downstairs. 

However, I still received complaints from the tenants downstairs about smelling weed and that their asthmatic kid was having trouble breathing. When I would reach out to the upstairs tenant they would give a completely different story about how they are doing something mundane or not even be home at all. When I got a complaint from the downstairs tenant at around midnight about how they couldn't take it anymore and that they were leaving for the night because of the smell, I decided to visit this tenant and see if it smelled like weed. When I went into the tenant's apartment I discovered that it didn't smell anything like weed or a strong smell of fragrances or air freshener that one might use if they are trying to hide the smell.

Since I didn't smell anything and the tenant downstairs isn't happy I offered to allow them to break the lease and find somewhere else to live where they could be much more comfortable. They agreed that they would take this option and look around for a new place. A week after this agreement was made they called me telling me that they wanted to call the police on this tenant because of the smoke. I called the tenant upstairs and questioned them about it they were confused because they were just cooking dinner. I told the tenant to call the police because if they feel that the tenant is actually smoking weed and lying to me. The tenant then came back to me saying the police advised them to go to the courthouse and file charges but, not charges I guess (Idk what this part means) towards them and myself because they are my tenant. The downstairs tenant said that they have messages (probably from very early on) that they didn't realize the weed smell was significant. I asked for a screenshot and they just replied "the tenant upstairs has screenshots of the convo as well."

On the other hand, the tenant upstair feels like they are being harassed with the constant complaints towards them, every time they shower they hear the toilet flush which makes their shower scolding hot. They have also overheard the tenant below plotting with people on the phone about how they will get the tenant upstairs out and that they will sue me if I don't make this right. Lastly, I have heard from the tenants that have been there the longest that the tenant downstairs complains about everything and is untrustworthy as well.


I'm kinda at loss on what to do here, any advice on what I can do moving forward from here?

THIS IS IN BALTIMORE COUNTY

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John UnderwoodPro Member
Investor · Greer, SC · Member since 2014 · 13k+ posts · 17k+ votes
4y

Didn't the downstairs tenant say they would take you up on offer to break lease and leave? When are they leaving? I would want them gone since they are the Drama Queens. I wouldn't renew their lease if they stay to the end of it.

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  • John UnderwoodPro Member
    Investor · Greer, SC · Member since 2014 · 13k+ posts · 17k+ votes
    4y

    Didn't the downstairs tenant say they would take you up on offer to break lease and leave? When are they leaving? I would want them gone since they are the Drama Queens. I wouldn't renew their lease if they stay to the end of it.

  • Real Estate Agent · MD · Member since 2022 · 12 posts · 7 votes
    4y

    Wow this is tough. It sounds like the downstairs tenant needs to go find a place by themselves like you suggested. You could evict but be careful and make sure you have documentation of everything. Consult a rental management company maybe. 

  • Theresa HarrisPro Member
    Member since 2019 · 15k+ posts · 11k+ votes
    4y

    The downstairs tenant said they were leaving, so tell them they are free to leave early if they want.  Tell them that you went by after they called and said they were leaving for the night and you couldn't smell anything.

  • Nathan GesnerBusiness Member
    Moderator
    Real Estate Broker · Cody, WY · Member since 2010 · 28k+ posts · 41k+ votes
    4y
    Quote from @Jeromie Williams:

    I'm with the others. The tenant agreed to leave. Tell them they can move out in 30 days without penalty. If they aren't out after 30 days, you offer of early termination is off the table and they'll have to fulfill the lease.

    Smokers should only be allowed to smoke outside and a minimum of 20 feet away from any doors or windows. It sounds like your downstairs tenant just doesn't understand what it's like to live in an apartment and should find a single-family home where there's no noise or odors from adjoining units.


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  • Member since 2022 · 1 post · 0 votes
    4y

    Nice to read issues with premises and agree it is better to live in a non-bickering mode.😁Mom late 70's a tenant whose landlord recently placed a large wooden picnic table in front (like 6 ft) of the single window to a combo living /sleeping area. No A/C, window must be open. Mom has high blood pressure, incontinence, wet AMD and is underweight. Landlord  will not remedy. Gatherings, noise not good for her. Landlord states he  is providing other tenants & no where else to put it.

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