Renting to relative/Part Deux
We have decided that we will rent to a relative/close friend. Significant Other is balking/hesitant at having this tenant sign a lease. Do you all think a lease is necessary or can we just outline what we want: no pets, no smoking etc.? We are not too worried about the term of the stay -…
We have decided that we will rent to a relative/close friend. Significant Other is balking/hesitant at having this tenant sign a lease. Do you all think a lease is necessary or can we just outline what we want: no pets, no smoking etc.? We are not too worried about the term of the stay – if the tenant opts out before a year is up, all the better for us.
I agree with you OP. I’m a smoker and I won’t even smoke in my own home. Partly because I don’t want my house to smell stinky, and partly because my tenant doesn’t smoke and he shouldn’t have to put up with my smoking.
In any case, to your original question: have your relative sign a lease; for your protection and for theirs. You can even put a clause in that says they may leave before the year is up without penalty.
Uh, landlord that owns 7 bldgs – get over yourself. You think I am going to police a party that has a smoker or 2? I’m talking about a tenant who smokes on a regular basis, contributing to air pollution that I and my newborn have to breathe in day in and day out. Stop being so nitpicky, get some common sense and understand the reasons underlying my rule. what business is it of yours what I want to do, anyway? I asked for advice about a lease, not about my rules.
We have a tenant who smokes in the ground floor apt. in our house. Forced air heat so the smoke permeates thoughout the entire house. The house stinks, and will have to be completly repainted when he leaves. His apartment will have to be completly resheetrocked to get the smell out when he leaves. Too controlling? We weren’t controlling enough. Next time no smokers.
If you live in the same house as your tenant, and you don’t smoke, their smoking may bother you. If someone is smoking in one of the seven buildings you own, you probably won’t notice it.
An owner-occupied small building situation is very different from a larger building. Obviously, there has to be some give-and-take as well… I don’t imagine most landlords would mind if there was an occasional exception to the rule for parties and such if they have a decent tenant.
As far as the OP’s question goes, DEFINITELY have a lease, even if it’s a month-to-month agreement.
7:17 here. I am a landlord, I own seven buildings. I guess I wasn’t saying that disallowing smoking is illegal, just surprised a landlord would be so picky. What if the tenant has a party and somone smokes a cigarette, they have broken the rules? A little orwellian. I mean, I have a lot of rules that make sense. Not smoking seems kind of out there.
7:17, welcome to New York (or at least this list.) You’ll note the strong antagonism between tenants and landords here from time to time. That’s no wonder given the attitude of landlords who want total control over their tenant’s behavior. And, of, course vice-versa. Having been a landlord in a 2-fam for about 20 years, I would not inquire into my tenant’s habits. I allow pets as well. If you treat people well, they’ll trat you well.
I allow pets, friends staying over whenever they wish, loud parties (within reason), lots of things….but NOT smoking. I have to live in the same building and I don’t want to have to smell it.
Keeping on subject, yeah, agree with store bought lease. Can’t hurt.
You have the right to make your building no-smoking in New York (public and private). In addition, any building with 10 or more units is required to be no- smoking in the public areas.
wow no smoking in their own home? I’ve never heard of that. I agree that is far fetched