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All Forum Posts by: Connor Lake

Connor Lake has started 1 posts and replied 5 times.

Originally posted by @Adam Martin:

How long has the tenant been in the property and where is it located.  If they have been there a while the damage is most likely done and I doubt it is going to get much worse.  You will already need to replace carpeting, paint, ozone the place, and air it out.  I would let her know that you understand her situation and void the lease and have her sign a month to month to get her, and you, out of the year long contract you signed.  Tell her you will give her several months and won't enforce the no smoking until spring.  Hopefully she is thankful and pays until then and this will give her time to save.  This also gives you time to wait for the moratorium to hopefully end and the courts to  have some time to sort through the current eviction backlog if it gets to that.  I'm not sure where you or the rental is located but spring typically is easier to rent out and rents are higher.  Good luck but at least she was honest about it and didn't just agree knowing she was going to continue and you not have much of a way to prove it, thats a good sign.  Hopefully the fact the home was smoked in got you a discount.  

 I like this idea. I know that the damage is already done in the unit. That isn't my primary concern. I am mostly worried about it being a fire hazard. Being a firefighter I take fire safety/prevention very seriously and I do not believe that there is any place for smoking inside of my property, especially since I will be living next door.  Thank you for the suggestion though, I'll definitely consider taking this route. 

Originally posted by @Darius Ogloza:

Assuming the tenant was a longtime tenant on the property and allowed to smoke all of those years, I think you will lose the eviction proceeding if you bring it now.  My hunch is that reading a long legal document to a disabled person is not going to satisfy the court that there was a true meeting of the minds (as that will be her testimony).  Without a meeting of the minds, there is no contract.  Given that the marginal additional damage from smoke is not likely to be material, I could see a judge providing the tenant with a long grace period before enforcing a move-out order even if you were successful.  You best bet is cash for keys.      

 She is a long term tenant and she has been allowed to smoke. I made sure I was thorough about my reasoning why there would be no smoking on my property and she stated that she understood. There was no indication prior to her signing the lease that she was mentally disabled. Her niece accused her of being "retarded" and the tenant was very offended and told me that what she was saying wasn't true. I believed at the time of signing that she was mentally competent. 

Thank you for the advice Theresa. I appreciate it. The niece was being completely foul and calling her aunt "retarded" and telling me that she will forcibly be becoming her aunts power of attorney. So I will most likely leave her out of the situation 

She did pay for this month and she signed a one year lease. She said that she would have nowhere to go and I believe in Ohio that prevents me from evicting due to current covid laws because eviction would cause homelessness. 

Hi guys. I just purchased my first rental property and it already had a tenant in place. She is a very nice lady and always on time with her rent per previous owner. We just signed a lease agreement two days ago. When I gave her the agreement and rules for review she stated that she was a slow reader but she trusted me that the terms would be fair. I then told her that I didn't feel comfortable without her knowing all of the details so I asked if I could read the entire agreement to her and she accepted that offer. She agreed to the terms of the lease and the rules and regulations put in place.  When I went to the home today she was distraught and had her niece screaming at me because I would no longer let the tenant smoke in the house per the rules that she agreed to. The tenant claimed that although we reviewed the rules that she "wasn't thinking straight" when she signed the papers. I defused the situation with her and I told her that I would let her move out now and break her lease with no penalty if she did not agreed with the rules. She stated that she wanted to continue to live there. She just called me and said that she no longer wishes to live there if she can't smoke in the house but she doesn't know when she can move out due to financial reasons. I gave her the same option that we can break her lease and she will not owe me for the remainder so long as she moves out. She took that as her lease was void as of our conversation and she no longer owed me money but she could live in the house rent free. I clarified to her that the lease is still valid unless she has a definitive move out date. Does anybody have advice for me and how I should handle this?