Hypersensitive Tennant

[James Slaughter]

BP landlord's!  Last month I rented a one bedroom corner unit apartment to a new tennant in a 100+ yr old historic building that really is an amazing space.  Tennant was young, great personality, awesome references, credit, etc. Turned down numerous other applicants in the process.

About a week after start of lease I reached out to see how he was enjoying his new place and found out tennant had not moved in and was complaining of perfume odors.  I had our other tennant remove an air fresher in common hall and thought that was the end of it. 

Another week goes by and tennant has still not moved in and I find out that he has been scrubbing the inside of entire apartment due to smoke odors...  I purchased an ozone machine (he thought this would work, I have heard great things about them, and figured it was only way he would be satisfied as good faith effort).  

Ozone machine arrived but after checking in with him he is now thinking that this is not going to be enough (it's not even been used in apartment yet).  We're going to talk tonight but clearly he wants out of lease or to be reimbursed for "his 40 hrs of cleaning" or lost use or something, even though we had unit professionally cleaned prior to him taking possession of apt and he was in it 2 times before signing lease (which was the 3rd time). 

Legally I am pretty sure I know my rights, but think he will never be satisfied, will be a constant complainer, and know there is a waiting list of people that would take this apartment in a heart beat.  

What would you do? 

[Colleen F.]

I would think he has to pay rent for when he took possession of the property. The same as any tenant I would tell him that you will charge for when he rented the property until you get a new tenant.   If he was to move in on Dec 1 and still hasn't moved in but took possession he pays from Dec 1 until a new tenant. I would however let him out of the lease or he will be your biggest headache.  If that takes giving him more back then I would  do it.  A full refund does not seem reasonable though, If it were such an issue the first day he should have know he could not live there.  How does he have the flexibility to take this long to move in?