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Help! What should my brother do? Problem with renters!!

My brother is renting a space to a young man who apparently smokes. My brother did not write up a lease but has told this person there is no smoking allowing in this space while he is renting from him. Well, there is a family who live above this young man's space and smoke travelling into their space. My brother has spoken to this renter twice already that smoking is absolutely not allowed but he continues to smoke or he will have to find another apartment.

WWYD? Can he really kick him out based on this? It's ridiculous that he is not listening!!

Re: Help! What should my brother do? Problem with renters!!

  • You may need to go search some landlord websites online. But because he didn't write up a lease, they may have a very hard time doing anything about this. If he was breaking a lease by smoking in the unit, then yes he really could evict him over this, but you don't have a lease, so I'm not really sure of the answer here. I will be checking back on this post to see what others say!

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  • Your brother should check the laws in his area for how to handle this.

    As PP mentioned, your brother may not have an easy time getting rid of this guy since he never wrote a lease, which would serve as the contract between them.

    Also, this may have to do with his rental units' location, but he may need to get the government or an attorney involved. Your brother may have a better leg to stand on since cigarette smoke is considered a public nuisance and major health issue.

    GL!

  • Um. Why the hell is he renting anything to anyone with no lease?! That's either stupid or shady. He will have zero legal recourse for anything without a lease. He wouldn't be able to kick him out for not paying rent, let alone smoking.
  • I don't know about the laws in your state, but without a written lease here it is assumed to be a month to month tenancy, and you can give a tenant 30 days notice to be out without any cause. Maybe something he wants to check in to with an attorney.
  • imageGolden42:
    I don't know about the laws in your state, but without a written lease here it is assumed to be a month to month tenancy, and you can give a tenant 30 days notice to be out without any cause. Maybe something he wants to check in to with an attorney.

    This is my understanding that you can kick someone out for no reason at all provided you give 30 days.

  • imageartbyallie:
    Um. Why the hell is he renting anything to anyone with no lease?! That's either stupid or shady. He will have zero legal recourse for anything without a lease. He wouldn't be able to kick him out for not paying rent, let alone smoking.

    Oh wow! Calm down! 

    My brother is far from shady. If you knew him you would lol

  • Then it's poor planning at best. A simple search will turn up state-specific lease templates to work from. Granted, I'm broke and all, but if I did own property and chose to rent it, I wouldn't be caught dead without a lease because that's just common sense.
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