How do you properly change the terms of an apartment lease at renewal?
April 23, 2017 5:54 AM Subscribe
We just bought a rental property with an existing tenant who is in the middle of a year long lease. We plan to honor the remainder of the current lease without changing any terms. However, when the lease is up for renewal we would like to enforce a no-smoking policy. Unfortunately, the very nice current tenant does obviously smoke. YANML, but how can we go about making that change in a lease renewal without it seeming like we are trying to evict him by adding restrictions?
Our current tenant is very nice, but the smoking is clearly doing damage to the apartment and it is already going to be difficult to remove it. We feel it is in our best interest as property owners to not have it get any worse. When the current lease is up in a few months, can we offer a lease renewal to our current tenant but with the new requirement that there is no smoking inside the apartment? We also only want to offer a month to month lease when we renew, rather than an agreement for another full year. This is both a legal question and a personal question, as we hate the idea of making someone move since it is difficult to find affordable places for rent in our area right now. We don't want to make it seem like we are trying to get rid of him, when overall he seems like a good tenant.
Any advice for new landlords is welcome!
Our current tenant is very nice, but the smoking is clearly doing damage to the apartment and it is already going to be difficult to remove it. We feel it is in our best interest as property owners to not have it get any worse. When the current lease is up in a few months, can we offer a lease renewal to our current tenant but with the new requirement that there is no smoking inside the apartment? We also only want to offer a month to month lease when we renew, rather than an agreement for another full year. This is both a legal question and a personal question, as we hate the idea of making someone move since it is difficult to find affordable places for rent in our area right now. We don't want to make it seem like we are trying to get rid of him, when overall he seems like a good tenant.
Any advice for new landlords is welcome!
>When the current lease is up in a few months, can we offer a lease renewal to our current tenant but with the new requirement that there is no smoking inside the apartment?
Yes.
>We also only want to offer a month to month lease when we renew, rather than an agreement for another full year.
This is dependent on your state and local landlord tenant laws. In most cases it shouldn't be a problem, but you might get more helpful answers if you ask the mods to add in your locality.
I would add, as food for thought, that the security deposit can be used for damages related to the indoor smoking.
posted by Karaage at 6:05 AM on April 23, 2017 [2 favorites]
Yes.
>We also only want to offer a month to month lease when we renew, rather than an agreement for another full year.
This is dependent on your state and local landlord tenant laws. In most cases it shouldn't be a problem, but you might get more helpful answers if you ask the mods to add in your locality.
I would add, as food for thought, that the security deposit can be used for damages related to the indoor smoking.
posted by Karaage at 6:05 AM on April 23, 2017 [2 favorites]
For the legal question you would need to speak with a local landlord-tenant lawyer. Which is a great idea, and a good person to have on retainer, now that you are a landlord.
From the human side, this is tough. Smoking is one of the most difficult habits to kick and it provides a lot of short term, but real, benefits (stress relief, memory aid, etc) in addition to the physiological fix.
I think that if you want to be an upstanding human being about this, you should speak with your tenant, let him know your expectation, and offer to decrease the rent for the next year in a way that might temper some of the financial and emotional costs of switching from cigarettes to e-cigs. If they were kind of wanting to anyway, they might be happy for the additional incentive to quit. That might also help with the ask that they give up the relative security of a year lease for a month to month, while also decreasing the temptation to sneak smoking and try to get away with it (knowing that if you catch/suspect, you'll be able to end the lease early).
If they are really resistant to this, you might research the costs for remediation of a home from smoking, and offer them the alternative of covering those costs with an additional deposit when their next lease starts. That will also mean you'll be coming into the conversation with stone cold facts about how smoking affects property, rather than just a general 'smoking is gross' approach that could make your tenant feel extra defensive.
posted by Salamandrous at 6:11 AM on April 23, 2017 [2 favorites]
From the human side, this is tough. Smoking is one of the most difficult habits to kick and it provides a lot of short term, but real, benefits (stress relief, memory aid, etc) in addition to the physiological fix.
I think that if you want to be an upstanding human being about this, you should speak with your tenant, let him know your expectation, and offer to decrease the rent for the next year in a way that might temper some of the financial and emotional costs of switching from cigarettes to e-cigs. If they were kind of wanting to anyway, they might be happy for the additional incentive to quit. That might also help with the ask that they give up the relative security of a year lease for a month to month, while also decreasing the temptation to sneak smoking and try to get away with it (knowing that if you catch/suspect, you'll be able to end the lease early).
If they are really resistant to this, you might research the costs for remediation of a home from smoking, and offer them the alternative of covering those costs with an additional deposit when their next lease starts. That will also mean you'll be coming into the conversation with stone cold facts about how smoking affects property, rather than just a general 'smoking is gross' approach that could make your tenant feel extra defensive.
posted by Salamandrous at 6:11 AM on April 23, 2017 [2 favorites]
This is pretty much impossible to answer without a location; if you were here, the answer would be that you could neither add the no smoking restriction nor make the lease month-to-month.
posted by jeather at 6:35 AM on April 23, 2017 [2 favorites]
posted by jeather at 6:35 AM on April 23, 2017 [2 favorites]
I would add, as food for thought, that the security deposit can be used for damages related to the indoor smoking.
Having tried to remove smoking damage from an apartment, I'm quite skeptical a security deposit will cover those costs.
Nthing the location or consult your local lawyer thing. On the ethical front, I really don't see a problem with changing it to a no-smoking lease, and I wouldn't have seen a problem with it when I did smoke, because dude, smoking inside is pretty obviously gross even when you're a smoker. It fucks up an apartment but good.
I do also agree that going month to month at the same time might result in a jumpy tenant. Going month to month at any time is going to result in a jumpy tenant. If you're not preparing to get rid of him at your convenience, what's the motivation there?
posted by schadenfrau at 6:44 AM on April 23, 2017 [7 favorites]
Having tried to remove smoking damage from an apartment, I'm quite skeptical a security deposit will cover those costs.
Nthing the location or consult your local lawyer thing. On the ethical front, I really don't see a problem with changing it to a no-smoking lease, and I wouldn't have seen a problem with it when I did smoke, because dude, smoking inside is pretty obviously gross even when you're a smoker. It fucks up an apartment but good.
I do also agree that going month to month at the same time might result in a jumpy tenant. Going month to month at any time is going to result in a jumpy tenant. If you're not preparing to get rid of him at your convenience, what's the motivation there?
posted by schadenfrau at 6:44 AM on April 23, 2017 [7 favorites]
Whatever you do you need to let them know in enough time for them to find another apartment. Our shittiest landlord would offer us lease renewals, we would take them, the lease wouldn't come back until a week or two before the lease was up, and then surprise! there would be changes (like suddenly, no pets!) and we would be shit out of luck because we had no time to find another apartment and move to it.
posted by Hypatia at 6:58 AM on April 23, 2017 [8 favorites]
posted by Hypatia at 6:58 AM on April 23, 2017 [8 favorites]
If your renter is suddenly forced to go outside, please be aware of the impact on neighbors. This could affect the environment for the whole area and even have an effect on property values if several people suddenly decide to move away at the same time.
Maybe consider some kind of help for cessation support or a way to help alleviate stress?
posted by amtho at 7:08 AM on April 23, 2017 [2 favorites]
Maybe consider some kind of help for cessation support or a way to help alleviate stress?
posted by amtho at 7:08 AM on April 23, 2017 [2 favorites]
You really need to separate your personal feelings from your responsibilities and rights as a landlord or this will only get harder over time. You must absolutely work within the law and within a meaningful zone of respect for your tenant as a human being and as the person who lives in the space in question. But it's not a friendship or a personal relationship; it's a business one.
Following the laws within your jurisdiction, you can change the terms of the lease when you renew and as a landlord, you get to choose whether or not to do this. And your tenant gets to choose how they feel about it. As a landlord, you need to let go of really caring what your tenants think of you, assuming you're acting not only within the law but also within respect for the person who is your tenant. "No smoking" and only offering a short term lease going forward are major changes--that you absolutely can make (again, with the caveat that you're following your local ordinances. But it would not be unreasonable for a tenant to see that as a signal that you don't want them as your tenant anymore. That remains irrelevant to whether you make these changes and irrelevant to how you go about making these changes. If you want to make both these changes without losing this particular tenant for whatever reason, you probably can't, especially if they've been living there a while. Most people are not looking for month to month residential leases--that's too unpredictable; there's too much uncertainty in lease terms and rent costs. Month to month leases also usually carry confusing legal requirements for notice not to renew. It's too much hassle for a person who just wants somewhere to call home.
posted by crush at 7:51 AM on April 23, 2017 [3 favorites]
Following the laws within your jurisdiction, you can change the terms of the lease when you renew and as a landlord, you get to choose whether or not to do this. And your tenant gets to choose how they feel about it. As a landlord, you need to let go of really caring what your tenants think of you, assuming you're acting not only within the law but also within respect for the person who is your tenant. "No smoking" and only offering a short term lease going forward are major changes--that you absolutely can make (again, with the caveat that you're following your local ordinances. But it would not be unreasonable for a tenant to see that as a signal that you don't want them as your tenant anymore. That remains irrelevant to whether you make these changes and irrelevant to how you go about making these changes. If you want to make both these changes without losing this particular tenant for whatever reason, you probably can't, especially if they've been living there a while. Most people are not looking for month to month residential leases--that's too unpredictable; there's too much uncertainty in lease terms and rent costs. Month to month leases also usually carry confusing legal requirements for notice not to renew. It's too much hassle for a person who just wants somewhere to call home.
posted by crush at 7:51 AM on April 23, 2017 [3 favorites]
In my experience, having a tenant smoke outside will not solve the problem.
posted by unreasonable at 7:55 AM on April 23, 2017 [3 favorites]
posted by unreasonable at 7:55 AM on April 23, 2017 [3 favorites]
Speaking as a renter who smokes, you are under zero obligation to offer a tenant cessation support, either financially or emotionally. Absolutely write in a no-smoking policy, and you can even write in a 'cannot smoke within 50 feet of the property' or whatever if you are worried about neighbors complaining. And also do feel like you can take the deposit to deal with damages. If they want the deposit back, they can deal with paying for damages themselves. This is how renting works.
I am a smoker who does not even hate myself for being a smoker, but I do not expect special accommodations for what is really a habit that is destructive to property and other people's health. What I decide to do to myself is fine, but I don't expect my landlord or my neighbors or friends or family to be subject to it, so I go outside to the furthest point from anyone's windows.
The only issue I would take if this were happening to me as a renter is going month-to-month, because that would mean my living arrangements would not be stable and that would cause me a lot of anxiety to know that any given month I could be out of a home. Please consider renewing the lease, with the no-smoking clause included.
posted by greta simone at 7:56 AM on April 23, 2017 [12 favorites]
I am a smoker who does not even hate myself for being a smoker, but I do not expect special accommodations for what is really a habit that is destructive to property and other people's health. What I decide to do to myself is fine, but I don't expect my landlord or my neighbors or friends or family to be subject to it, so I go outside to the furthest point from anyone's windows.
The only issue I would take if this were happening to me as a renter is going month-to-month, because that would mean my living arrangements would not be stable and that would cause me a lot of anxiety to know that any given month I could be out of a home. Please consider renewing the lease, with the no-smoking clause included.
posted by greta simone at 7:56 AM on April 23, 2017 [12 favorites]
Mod note: This is a followup from the asker.
1. We are in North Carolina.posted by cortex (staff) at 8:13 AM on April 23, 2017
2. If we do decide to make any changes at the renewal, we would let the tenant know in the next month, and the current lease ends in August. It would definitely be an open conversation to see what his plans are. He's been in the apartment since last August.
3. We don't want to commit to another year lease in case we decide to repurpose the rental unit. It is actually a guest house on our new house's property that we bought two months ago. We weren't looking to have a rental, but took the opportunity for some side income. If the tenant ever does decide to move, we'd likely use the rental as an Airbnb rather than have a long term tenant so we could use it as a guest house for friends and family too.
4. If we make the lease month to month, we'd agree to give him two months notice if we want to end the lease so there would be extra time for the tenant to find a new place. We'd only ask him to give us one month notice if he chooses to vacate.
Our current tenant is very nice, but the smoking is clearly doing damage to the apartment and it is already going to be difficult to remove it. We feel it is in our best interest as property owners to not have it get any worse.
Smoking is one of those things where once it's in place it won't get that much worse because even when you have light smoking the damage is still going to require extraordinary remediation methods. Carpet, underlay, curtains, trim, vinyl, paint all will probably need to be replaced especially if you are going to make it into a guest house. Ozone treatment is not out of the question if you have ductwork to clean.
There's not really much point in preventing smoking at this point if the smoker has been in the house at least nearly a year. You're up for a four if not five-figure sum to remove the stench. It's sort of like not putting gasoline on a fire when the house is already burning. Yeah, it looks like a sensible idea but in reality, the damage is already done.
IMHO let the current tenant continue, once he's out abate it, then no tolerance on the smoke-free.
posted by Talez at 8:21 AM on April 23, 2017 [27 favorites]
Smoking is one of those things where once it's in place it won't get that much worse because even when you have light smoking the damage is still going to require extraordinary remediation methods. Carpet, underlay, curtains, trim, vinyl, paint all will probably need to be replaced especially if you are going to make it into a guest house. Ozone treatment is not out of the question if you have ductwork to clean.
There's not really much point in preventing smoking at this point if the smoker has been in the house at least nearly a year. You're up for a four if not five-figure sum to remove the stench. It's sort of like not putting gasoline on a fire when the house is already burning. Yeah, it looks like a sensible idea but in reality, the damage is already done.
IMHO let the current tenant continue, once he's out abate it, then no tolerance on the smoke-free.
posted by Talez at 8:21 AM on April 23, 2017 [27 favorites]
Honestly I agree with Talez. Allowing him to continue smoking in there won't change the amount of work you'll need to do once he's gone.
posted by showbiz_liz at 8:27 AM on April 23, 2017 [3 favorites]
posted by showbiz_liz at 8:27 AM on April 23, 2017 [3 favorites]
If it were me and I knew I was allowed legally to add the no smoking clause and the month to month, I would sit down with the tenant and lay it all on the line. Tell them about wanting to use if for guests/family, tell them the smoking is hurting the property. They will likely understand. Then they can plan accordingly to either stop smoking or find another place.
(I don't know North Carolina law, but if there is any state that might be protective of smoker's rights, NC would be high on that list.)
posted by AugustWest at 8:37 AM on April 23, 2017 [1 favorite]
(I don't know North Carolina law, but if there is any state that might be protective of smoker's rights, NC would be high on that list.)
posted by AugustWest at 8:37 AM on April 23, 2017 [1 favorite]
I have remediated an apartment after renting to smokers and I pretty much agree the damage is done. I would actually try to keep this tenant (until you want to repurpose) if he's otherwise great, and bank the rent against the remediation costs.
posted by warriorqueen at 9:01 AM on April 23, 2017 [4 favorites]
posted by warriorqueen at 9:01 AM on April 23, 2017 [4 favorites]
As a tenant, I actually like having a month to month rental because it gives me more flexibility as my life circumstances change. You never know how people will react.
Crush is right though, treating this as business is best for both landlord and tenant.
posted by SyraCarol at 9:04 AM on April 23, 2017
Crush is right though, treating this as business is best for both landlord and tenant.
posted by SyraCarol at 9:04 AM on April 23, 2017
You have a very nice tenant??? Put up with the smoking.
posted by Melismata at 12:06 PM on April 23, 2017 [5 favorites]
posted by Melismata at 12:06 PM on April 23, 2017 [5 favorites]
I suspect you can, as others said. However, back when I was a regular smoker I definitely would have left, so if you really like the tenant overall and don't want to roll the dice on a new one I would think about that.
posted by thefoxgod at 12:44 PM on April 23, 2017 [1 favorite]
posted by thefoxgod at 12:44 PM on April 23, 2017 [1 favorite]
a bit of personal observation in case it helps - my boyfriend was able to quit smoking by switching to e-cigs, and having had both in the house, I find that e-cigs are much much nicer to be around - the vapour is sweet smelling, but only really detectable if you're pretty close to the person using them, and doesn't leave any scent or residue around the house. It's so nice to not have the smoking mess around the house! So you can let them use e-cigs inside without worry that it's doing any damage.
posted by 5_13_23_42_69_666 at 2:07 PM on April 23, 2017
posted by 5_13_23_42_69_666 at 2:07 PM on April 23, 2017
If the guest house is on your property, is your intention to ban smoking on the entire property, or just indoors? Because there's a big difference between asking someone to step outside to smoke, and saying they have to go off the property. And if they go outside to smoke, be prepared that your yard will sometimes smell like smoke, there may be butts on the ground, etc. I suspect you may have less hassle if he continues to smoke indoors and away from common areas.
posted by decathecting at 2:59 PM on April 23, 2017 [1 favorite]
posted by decathecting at 2:59 PM on April 23, 2017 [1 favorite]
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