All Forum Posts by: Patrick Bavaro

@Todd Groom Thank you for the awesome reply! Again, I totally agree in regards to letting a tenant live their life. As a new landlord, you're right, I'm probably over distressed for no big deal. I personally don't mind smoking of weed. Many of my friends do it. Heck, my own brother and sister do. It's just the smoking of it indoors that is the bigger problem. I suppose a larger portion of my problem with smoking weed inside the house attributes to what some of @Damaso Bautista mentioned relating to it being a house-hack. 

I'm going to start with just a conversation this evening when I get home and go from there. I just wanted to hear some outside opinions, all of which I am open to, to help put my mind at ease :).

@Damaso Bautista Thanks for commenting! I completely agree and understand that through a "house hack" privacy is sacrificed. My wife and I had extensive conversations about this and both understand what we were walking into in that regard. As mentioned in a post above, personally, I don't care if the weed is smoked. Do I prefer it? No, but I'm not the weed police. The problem that we are facing is that the lease explicitly states no smoking in the unit. That is what I am on here to seek guidance for as a new Landlord. I understand that with landlording (house hacking or otherwise), my personal preferences of lifestyle choice don't matter. I don't think I am being unreasonable in the regard to indoor smoking as any standard lease (unless otherwise stated) usually has verbiage pertaining to smoking indoors regardless if the landlord agrees or disagrees with smoking or lifestyle of any kind. Even if I did not reside in this residence, I would still be concerned about the smoking indoors as it damages the property. I'm not sure oil from the car on the driveway is the same thing. That would be unreasonable, I agree. 

Thank you! 

@Kyle J. Thanks for your insight! You are correct. Frankly, I don't care if the weed is smoked. I just don't want it in the house. A conversation is forthcoming today, and by all accounts I plan to be friendly and willing to work together. Truthfully, he does seem like a nice person, just a bit "young and dumb". I've already printed out the lease that was signed and plan to review it with him. Perhaps I'll just have the options available with me, and should it turn into a conversation where there isn't mutual agreement, I'll serve the notice. 

Question pertaining to the amendment though. If both the Landlord and Tenant agree to the change, wouldn't that be valid? I realize you are not an attorney nor am I seeking legal advice from you. Simply looking for insight and education from other experienced landlords who may have seen or heard of amendments like this. 

@Nathan Gesner You my friend, are correct. I'm sidestepping the larger issue. A Mutual Termination of Lease Agreement might be something to consider. I'll let you know how it goes! 

@Theresa Harris @Carmen Pellegrino @Jim K. Thanks for your advice! I have a Florida Notice to Quit filled out with an Option to Cure and will specify the breach of lease clause. He's mentioned to me the "medical pot card" in conversation on Sunday and I've seen him using e-cigs outside the home in walking, which im fine with. Last night however, was not an e-cig in the house issue. I'll fill out an amendment as well and see what happens. 

Actually, would a Lease Amendment (found in my Florida Lease package as a BP Pro Member) be applicable to change the term of the lease? 

To add to this, I don't think he wants police/eviction process involved either. How much trouble do I get in if I just change the locks and demand he move out? Lol, kidding of course. 

Hello BP! 

As some of you may know, I recently became a landlord over the weekend through my first house-hack. I'm attributing this issue to being new to the game, and not executing my application/screening process as thoroughly as I should have. Lessons learned, and I know I have to do better for the future. 

Anyways, here is my problem. I currently reside in Hollywood, FL (Broward County) and have a SFH with a private efficiency connected to the main part of the house. Living quarters are private, entrance is private, and so on. I am renting to a young male adult who checked all the boxes during the application process. However, during the execution of the lease I know for a fact that it was not review by him and just signed. Stupid me, I should have known better before countersigning.

Anyways, last night my wife and I were sleeping and awoken to the smell of marajuana wafting into our room. At first, I thought I must be dreaming but early this morning while taking my dog out back the tenant opened the door to the efficiency and I was hit with Tsunami of the smell of the Devil's Lettuce. Obviously, in the lease it explicitly states no smoking, synthetic or otherwise in the unit. I should have said something right then and there about the smoking, but I was out the door for work and I wanted to produce a written notice along with an addendum to the lease changing it from a year long lease to a month to month lease. 

One other thing that I am not certain of because I haven't caught it on camera yet, but that I'm pretty convinced of is that during the middle of the night I have notifications from ring. When I open the notifications (usually in the morning, after the fact), I see my tenant walking through their entrance and returning 2-3 minutes later. Keep in mind that this is at 2, 3, and 4 oclock in the morning and has happened 2 nights in a row now. I have a front door camera that is right in front of his vehicle so I know that he is not going to his vehicle for something he forgot at this time. My thoughts is that he is peddling drugs on the side of the house out of view of the camera. Earlier this morning, I changed the view of the camera angle and hope to catch this on camera tonight. 

My question to you fellow landlords is, what's the best way to handle this? Do I produce the written notice, have the tenant sign it? Can I change the lease to month to month as opposed to a year long lease as long as both of us sign-off and agree? With Florida's moratorium on evictions, is there anything that I can do regarding illegal drug use in the home? 

I am planning to be home during lunch hours, and if he is home I am planning to talk to him, serve the written notice, sign the addendum (if legal and allowable), and put me and my wife at ease. 

Thank you for your time reading this and for your advice! 

Patrick

@Michael Reisman thank you!

@Brian Gerlach I’ve always been interested in STRs! One concern that always remains is there is so much riding on local laws and ordinances. Have you ran into much issue with this? Thank you for the words of encouragement!