Hi all Not that I am anti people who smoke!!
But I ahve a small issue, in one of my units.
The current tennent is obviously still smoking, after in the contract has been asked to not smoke inside.
On a recent inspection, there was still a strog smell, although no physical signs of his habit.I live overseas, and value hi stenancey, the property has been leased for 4 years, he has been in for one year, and for peace of mind, he is a good tennant,
has anyone any advice on a stratergy that wnot cause an up set?
maybe come up with some sort or “maintainence Fee” or is it just one of those things, that Landlords have to write off, like getting someone in to repaint and scrub after he leaves???Thanks guys,
Jason
please feel to email me, and we can get inpired!JASE
This is an issue that i find a lot of landlords question. I recently sought clarification on this matter. While at a VCAT hearing and being the last case of the day the Member was happy to have a chat. I questioned the issue of smoking. The member advised that smoking is not illegal and no matter what was written into a lease agreement there is nothing in the RTA that can be used to prohibit smoking in a property. However if the tenant was a heavy smoker and for example caused the walls & ceilings to discolour due to the smoke the owner would have a case to claim any costs with regards to washing of walls.
This may be different in other states.
Just an idea .
Maybe you could build an outside pergola with a table and chairs and maybe an ashtray. Or maybe an outside temporary marque with a table and chairs. I discovered one of my tenants had been a smoker and had set up a chair and table under one of my trees as an outside smoking area.
This way it is a sort of win win compromise for both parties.Comments may not be relevant to individual circumstances. If you intend making any investment, financial or taxation decision you should consult a professional adviser.
Good grief Charlie Brown !!!
I can’t believe that some of you are actually trying to stop your smoking tenants from smoking in your properties.
It’s their home for goodness sake.
If they cause real damage (burn marks or something) you can take it out of their bond when they leave.
There are products on the market that absorb smells. Maybe you can give them a few bottles for Christmas.
No, I’m not a smoker (ex smoker of many years but have’t become a rabid anti smoker, thank goodness) but this witch hunt for smokers just gets my goat.
What if they are addicted to overcooked cabbage every day. Shall we put that in the contract too?
My 2 cents [smiling]
Elka
Originally posted by Callander:This is an issue that i find a lot of landlords question. I recently sought clarification on this matter. While at a VCAT hearing and being the last case of the day the Member was happy to have a chat. I questioned the issue of smoking. The member advised that smoking is not illegal and no matter what was written into a lease agreement there is nothing in the RTA that can be used to prohibit smoking in a property. However if the tenant was a heavy smoker and for example caused the walls & ceilings to discolour due to the smoke the owner would have a case to claim any costs with regards to washing of walls.
This may be different in other states.
I believe that it is similar with pets. As much as you may ban pets there is little legal recourse if the tenants get one except that damages can be recovered from the bond.
Despite our opinions smoking is yet to be illegal …
Simon Macks
Residential and Commercial Finance Broker
***NODOC @ 7.15% to 70% LVR***
[email protected]
0425 228 985Comments may not be relevant to individual circumstances. If you intend making any investment, financial or taxation decision you should consult a professional adviser.
We add a one page addendum to our leases explaining our company’s smoke free policy.
The policy explains in great details how smoke effects properties from what it can do to paint to how it stains furnishings and carpets. We then explain costs involved to remedy the problem including vacancy costs during the repairs (if smells are bad enough we can’t rent to new tenants). The policy explains that all these costs will be billed to the tenant should they choose to smoke inside.
Adding a one page addendum on smoking to the leases is usually enough to enforce that we request no smoking [biggrin]
Investment Property Management
http://www.adprop.com.auI like your attitude and action Dr.X.
You sound very firm. You can’t let the tenant take control.Christopher.
Have you thought about fitting permanent wired in smoke detectors, for their own protection, a few beers and a stray fag could result in a fire, and it’s your property that would burn down not theirs.As mentioned earlier encorage them to smoke outside
Originally posted by Asian spirit:Have you thought about fitting permanent wired in smoke detectors, for their own protection, a few beers and a stray fag could result in a fire, and it’s your property that would burn down not theirs.As mentioned earlier encorage them to smoke outside
We had a tenant who smoked pull it apart (noticed by us after she departed; not be the PM who said “oh” when it was pointed out).
We have Smoke detectors in all IP’s and I think in some states its law.
I recall seeing a House on TV once that was yellow from theowners who had been there for 40-50 years smoking and turned the walls and cielings yellow.
I’d use both DrX’s and 007’s ideas to compliment each other, we always stipulate no smoking inside theIP’s, but as everyone has said you can’t stop them, same for pets, unless forbidden by Body Corp, so better to have fee’s for repairs/clean up written in
“Money is a currency, like electricity and it requires momentum to make it Effective”
Online Positive Cashflow and Renovating CalculatorsThanks for the addendum idea to help pay for the damage caused by smoking.
I can’t understand why people would think that its okay to smoke in the home these days. I’m an ex smoker too and I’ve come to realise that some people simply aren’t sufficiently nauseated enough by the stale smell in homes to worry about it but I know I loathe it. If I book a hotel room where someone has smoked we demand to be moved. It is a revolting smell to be compared to the smell of durian IMHO. It seems to permeate everything in the room.
Its also an unpleasant job to have to scrub walls and ceilings effected by the waxy yellow residue. You can’t really paint over it without washing down first.
I think I’d be tempted to choose my own tenants before handing the property to a PM. At least I’d be more likely to know if the prospective tenant was a smoker. They’d have to pass the sniff test
[biggrin]
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