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General Landlording & Rental Properties

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Cheryl C.
  • Investor
  • Reston, VA
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Rod Jones
  • San Antonio/Converse, TX
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Rod Jones
  • San Antonio/Converse, TX
Replied Nov 29 2013, 20:52

@Steve Babiak

Not at all! If I detect you are going to be a liability or detriment to my asset no matter your nationality then I'm not going to rent to you! Everybody money spends but all money is not good money!

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Jon K.
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Replied Nov 29 2013, 21:41
Originally posted by Rod Jones:
@Steve Babiak

Not at all! If I detect you are going to be a liability or detriment to my asset no matter your nationality then I'm not going to rent to you! Everybody money spends but all money is not good money!

On what grounds are you denying all Indian applicants?

What if a white person ends up cooking curry in your unit?

I hate the smell of curry and smoke, but on what grounds do you deny them... look through their application and find some other "reason" to deny?

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Rod Jones
  • San Antonio/Converse, TX
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Rod Jones
  • San Antonio/Converse, TX
Replied Nov 30 2013, 01:44

On what grounds are you denying all Indian applicants?

What if a white person ends up cooking curry in your unit?

I hate the smell of curry and smoke, but on what grounds do you deny them... look through their application and find some other "reason" to deny?

Curry has nothing to do with race, nationality, color etc...it has everything to do with the original question of this topic "tenants that cook with curry". If the landlord feels or is experiencing a lost of money or business behind it then the landlord needs to come up with a way to circumvent it from happening again in the future.

The only way I foresee to avoid or minimize the same problem happening again is by coming up with a different method of screening and interviewing process to make a better "judgemental decision" when choosing who you want deciding the future value of your investment. If the landlord is adamant about circumventing offensive, foul, disruptive and etc... odors, not renting to thugs/felons, sex offenders, and any other "preferences" is by being more active and thorough in screening which can be as legally intensive as he/she wishes although they will be walking that thin line! I'm already assuming if you are a self-managing landlord then you are familiar with state & federal laws pertaining to illegal interviewing questions and practices, so with that being said, you establish a process that will help you and not hurt you. And lastly, as we all should already know, when treading the legalities of Real Estate you always would want to consult an attorney to make sure your are staying withing legal bounds, but for the sake of this post, my statements are meant to give perspective.

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David P.
  • Richmond, VA
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David P.
  • Richmond, VA
Replied Mar 14 2016, 05:27

As a real estate investor and landlord, I don't want to discriminate against anybody.  I do, however, want to manage tenant activities that result in costly abatement processes that would negatively impact the profitability of a property.  

Does anyone have a solid statement to add to a lease agreement that either prevents the activity or shifts the abatement costs of eliminating strong, lingering odors to the tenant?

Also, how would one objectively determine what makes a strong, lingering and offensive odor?

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Lynn McGeein
  • Real Estate Agent
  • Virginia Beach, VA
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Lynn McGeein
  • Real Estate Agent
  • Virginia Beach, VA
Replied Mar 14 2016, 09:18

Not sure how valid it is as I'm not a lawyer and hasn't been tested yet, but in my lease in my non-smoking clause, fireplace clause and elsewhere, I state specifically that determination of existence of odor is at Landlord's discretion, and I have specific language about air duct cleaning, carpet cleaning, professional household cleaning of walls, cabinets, etc., at Tenant's expense if necessary to eliminate odors.  

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Matthew Kreitzer
  • Attorney
  • Winchester, VA
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Matthew Kreitzer
  • Attorney
  • Winchester, VA
Replied Mar 14 2016, 09:21

This is a huge concern for people in my general geographic region. (As there are serious costs associated with remedying the situation) One has to be careful with lease provisions related to foul odors, as there was some case law here in Virginia that struck down such provisions as being discriminatory. Granted, it is unlikely to apply to all such provisions. Fact specific. If you want to include such language in your lease, seek out a local attorney to discuss the local state of the laws on the matter.

PS: I just noticed you're in Reston.

Disclaimer: This post may be seen as legal advertising in Virginia. Do not act on any information provided herein. Seek out a local attorney prior to acting on any legal issue. I do not agree to be your attorney by virtue of posting the educational material above.

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Replied Mar 14 2016, 10:17

If you have a multi unit this will be the end of being able to hold on to any good tenants. Tenants are free to leave and since a landlord has no legal control over what people cook you will lose tenants.

This is why landlords are forced to have some types of tenants they will not rent to in order to protect their client base. For some landlords maybe that is the people they determin cook offensive smelling foods.

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Cheryl C.
  • Investor
  • Reston, VA
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Cheryl C.
  • Investor
  • Reston, VA
Replied Mar 14 2016, 10:29

I thought I would update this thread.  I accepted this tenant and they are still in place.  I ended up having a talk with the husband about the curry issue.  I explained the problem that I had with another unit (I had inherited that tenant when I bought an reo) and the cost involved.  I am not prejudiced.  I explained that he would be responsible for any abatement that may be required.  He told me that they only use light curry on an infrequent basis,  He was very understanding of my concern.  I think that a reasonable judge would acknowledge this issue as "damage" if it came down to it - but you never know.  My lease does have a "noxious odor" clause.  I did write-in a paragraph about damages, specifically addressing cooking and other odors that, in the sole discretion of Landlord, required painting and/or extraordinary cleaning.

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Replied Mar 14 2016, 10:37

That's humorous, "I only use light curry on an infrequent basis".

Like a manufacturer promising they will only pollute the environment 

slowly over a long period of time.

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Lee L.
  • Investor
  • Los Angeles, CA
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Lee L.
  • Investor
  • Los Angeles, CA
Replied Mar 14 2016, 10:55

Perhaps try installing a range hood made for Asian cooking. What's the best way to make the tastiest stir fries? HIGH heat and LOTS of oil -- so your whole house smells like a Chinese restaurant! 

These range hoods are made for odoriferous applications. They have 700-1000 CFM air displacement, in contrast to around 300 CFM you'd be getting from the typical non-Asian range hoods. 

Your curry cooking friends would probably love the upgrade. 

Two popular brands:

Sanyangpai

Pac Air (媽媽樂)

I installed a lower-end Sanyangpai in one of the unit I've been fixing up, and it's pretty awesome. It's an under cabinet type with a top cover. Paid around $360 for the range hood and $80 for the stainless steel cover. 

The sucked up oil gets pumped into the tanks -- no mesh air filters required!

My parents have one at their house -- now I have one; a dream fulfilled

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Patricia Luna
  • Investor
  • East Earl, PA
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Patricia Luna
  • Investor
  • East Earl, PA
Replied Oct 13 2017, 17:52

I agree with Cheryl, I am still cleaning after a tenant who cooked with curry and used a lot of oil, it is all over the townhouse, walls, carpets, ceiling, cabinets, floor, appliances, I had used different products to get rid of the horrible color and clorox disinfecting wipes is the only think that have worked so far. Now, I am battling the smell, I had tried ban odors and vinegar but after 2 weeks, I still get bombarded with the smell every time I enter the property. 

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Russell Brazil
  • Real Estate Agent
  • Washington, D.C.
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Russell Brazil
  • Real Estate Agent
  • Washington, D.C.
ModeratorReplied Oct 13 2017, 19:00
Originally posted by @Patricia Luna:

I agree with Cheryl, I am still cleaning after a tenant who cooked with curry and used a lot of oil, it is all over the townhouse, walls, carpets, ceiling, cabinets, floor, appliances, I had used different products to get rid of the horrible color and clorox disinfecting wipes is the only think that have worked so far. Now, I am battling the smell, I had tried ban odors and vinegar but after 2 weeks, I still get bombarded with the smell every time I enter the property. 

 Try an ozone generator 

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Replied Jan 17 2019, 06:42

There is no dish in my menu that is without curry.... 24/365 my food is curry either it is lentil, pulses, lamb, beef, chicken, mutton, etc etc... 

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Replied Jun 20 2019, 18:38

OK. sure, people love curry. I've never tasted it and never will. I build apartments. I rent an apartment. and let me tell you it is a huge injustice to other tenants who have to move into this situation after someone who cooks with this constantly. apartment owners, landlords, etc. spend so much money to try to get rid of the smell and yellowing and everything else. its impossible. it ruins your investment. yet it is allowed. I dont understand it. I am dealing with it now, in an apartment my company built 20 years ago. I cant get rid of the smell, even though I have new carpeting, vinyl. its gross. very gross, but the former tenant is not held accountable. disgusting to me. 

No one is willing to say anything because you will be accused of being prejudiced or hateful. It's a huge problem for tenants and landlords. 

No one wants to pay 1000.00 a month for an apartment they cant breathe in. So be as politically correct as you want, but it is an overwhelming smell that is incredibly hard to get rid of. and it also discolored, stains everything in sight.