BiggerPockets

Greetings to all:

I have just received an e-mail from a tennant which I will paste below. We purchased a 4 unit building 3 weeks ago. 2 units unoccupied and 2 units occupied but no leases. Top floor tennant has lived there over 15 years and pays $300. Bottom tennant pays $485. Both of the other units are now renting for $500 and are occupied. The plan is to raise the $300 rent to $485. Logic is we did some improvements in the unoccupied units which allow us to get $500. No shortage of inquiries when we advertise in local paper and post sign in lawn.

How would you handle this type of complaint?

I received and reviewed your lease and appreciate all that you considered. Very hard to make a decision. However, the strong odor coming from the apt. below has forced me to come to the conclusion that it is time to move out. I have the windows in my apt open (gets kind of cold), but that does not seem to do much to control the smell that radiates upwards. I have friends who have told me what my neighbors are probably cooking. Nights/evenings seem to be worse with whatever it is brewing slowly below. I have a history of sinus problems and Asthma which is completely under control. I must be sensitive to smell and the odorsare triggers. The smell is probably not going to ever go away from whatever they are cooking, and the last landlord allowed them to move in probably not knowing or caring anything about their cultural cooking habits. The odor permeates into all of the rooms in my apt making relaxing and sleeping somewhat difficult. It is not fair for me to continue living with the odors from below that permeate into all of the rooms. There is no insulation in the apt between the upstairs and downstairs apt. My lungs are starting to burn and my sinuses are not tolerating the continual odor. You will have difficulty renting out this apt in the future considering what I have discussed. I completely understand your lease and terms. But, the odor is driving me up the wall from below and that will not change.

I agree that the food smells. I have place two timer realesed air fresheners in the hallways and they seemed to help a little. The upstairs tennant asked that I remove the one near his door due to his breathing. I know it may appear as if this guy is complaining too much but he is a long term tennant and plans to remain renting. I also agree that it smells. How would you notify the " cultural" tennant about the odor of their food? I do plan on replacing the charcoal filter in their range hood since I suspect it is no good.

I look forward to your replies.
Regards,
Bill

Have you been there and smelled the problem? Is it a serious problem? Have you talked to the previous owner to see if the upstairs tenant has been a complainer? Have you told the downstairs tenant to stop stinking up the building?

Usually, when I have someone start whining about their medical problems, I get rid of them. People that talk about their allergies or asthma being irritated by a food smell are probably lying and just looking for an excuse to whine.

I doubt if the upstairs tenant will stay if you raise the rent from $300 to $485. Have you asked her?

If the downstairs tenant is causing the building to stink and the upstairs tenant is a whiner, I'd get rid of both of them and start over with your own tenants.

Good Luck,

Mike

I agree, that getting rid of the both of them and renovating those units sounds like the best plan. Get better cashflow! Did you say that those tenants were not on a lease? Maybe going forward you could ad something into your leases that describe odor damage and complaints to it??

I would be very careful about what you say to the downstairs tenant if they are an ethnic minority. The easiest thing to do is give them the proper notice that their tenancy is being terminated. If you complain about the ethnic food smell, some wacko, socialist, legal-aid lawyer is going to charge discrimination. If they were not a minority, you could just tell them to stop stinking up the place. Unfortunately, that won't work if we're talking about ethnic food cooked by an ethnic minority. It's not right, but that is the reality. I'd just give them notice to leave and not give a reason.

Good Luck,

Mike

I tend to agree that the best thing is to let the complaining tennant move, complete the improvements and charge more rent. My wife is of the " A bird in the hand is worth more than two in the bush" mindset. I however am always trying to figure out a way to buy the bush and charge those two birds rent for cash flow!

I think I will let him go with no attempt to sway his decision and also speak with the other tennant about opening a window when cooking. I will also be offering the tennants that cook the odorous food a lease for $500 which is an inrease of $15 per month. This may prompt them to move. If so I feel it is time for som KILZ! If they accept the increase (with no improvements) and I recieve any more complaints from the other 3 renters than I will know that this is a real problem and get rid of the tennants that make the odorous food.

Thanks for the replies.
Regards,
Bill

I wouldn't give them more than a month-to-month lease. If you give them a year lease and they keep on stinking up the building, you may end up with one $500 tenant and 3 empty units for the next year!

Good Luck,

mike

I agree with Mike on this one. A month to month is the way to go.

Also have you thought about having the smelly tenants move to the apartment above, this may help reduce the smell going into the other apartments...

just a thought :groovy:

I am on my 3rd lease (2 here in NJ, and 1 in Chicago) since graduating college and all of them have stated that I can do nothing to " disturb the quite enjoyment of any other tenant" . So I would tend to say that this is a pretty common term in leases all over the country.