What would you do in this situation?

Question

I have a guy in my building that has lived there since 1993. He's on the second floor (8-plex) and in the last year needs to use a walker. They aren't sure what's going on with his legs but they aren't working from the knees down. He's a smoker (non-smoking building) and a big drinker. I just bought this building and the previous owner didn't enforce the non-smoking rules at all. I sent a letter to everyone when I bought it that smoking was no longer allowed anywhere in the building. I had to make an exception for him though because I don't want him going up and down the 16 steps and back 20 times a day, plus he said he was going to move. Well, so far he's not moving, the common area smells like smoke from him, and I'm very concerned about him falling down the stairs, especially with the drinking. I have one person that moved out and I'm remodeling the whole apartment. Another is moving out the end of this month. I want to get good renters in there but I'm afraid with the smoke smell they won't want to live there. Especially since one is right across the hall from him. Plus, it terrifies me that he's going to fall down the stairs and kill himself. He's in his 60's.
I guess I know what I have to do, but I'm looking for some encouragement. There are other apartments in the area that are available, that are low income (which is what he needs anyways) and have elevators in them. The only reason he's staying at my building is because he can smoke and they'll make him go outside. He's on a month-to-month, I just wish I didn't feel like such an *** by ending his tenancy :/

Anthony Hurlburt · Answer

I wouldn't say anything about his smoking or his health.  You are just opening up yourself to a sob story and excuses.  He is month to month, just give him the notice of non-renewal.  Keep it as simple as possible.  You have the health and well being of your other tenants to watch out for.

Nathan Gesner · Answer

Don't mention anything about his disability, including the drinking or that you are worried he will fall down the stairs. Just tell him it is a non-smoking building and he's violating the rules and impacting the neighbors and their right to quiet enjoyment. Give him 60 days to vacate so he has time to find something and move.

Stay strong. If he tries calling, let him leave a voicemail. Try to keep everything short, polite, and in writing.

David Dachtera · Answer

@Jennifer Rysdam,

Being in business sometimes requires us to go against our heart, or to look differently at a situation to figure out what's best for everyone.

Your post spells it out quite well. The other tenants might be better off without the tobacco smoke smell / second-hand smoke. You would be better off without the potential liability. The tenant would be better off in a place better suited to him, his physical needs, and his lifestyle choices,

So, by doing the "difficult" thing, you're actually doing the right thing for everyone involved.

My $0.02 ...

Nick C. · Answer

I would do the same thing you're going to do, don't renew him. I'm just offering the encouragement you asked for :) You're doing the right thing, but it's not always the easy thing.

Kim Meredith Hampton · Answer

@Jennifer Rysdam It may be uncomfortable, but you gotta give him the notice of non-renewal, and then move on. Don't feel bad, this is an investment.

Account Closed · Answer

You're being waayy too nice- and this is coming from me- someone who used to work in direct social service. Do not renew his rent simply based on the fact that your building is now NON-smoking. Give him a 60 day written notice with a guide to other housing options that meets his needs.

Jennifer Rysdam · Answer

I only made the exception for him because he is recently disabled, was planning on moving, and the previous owner let him smoke. He's on the second floor and I didn't want him falling down the stairs with his walker and getting hurt.

Thomas S. · Answer

You dodged a bullet on this one since he seems to be voluntarily cooperating.

In your original post you state that you sent a letter to all residents that smoking in the building was not allowed but made a exception for him.

Guess what ....legally you can not make exceptions to rules. As soon as you make a exception for one tenant your rule legally becomes null and void. IF he fought you on the issue you would have lost and you would give up the right to have a non smoking building.

You need to ramp up your business practices and remember there is no place for emotions in business. Every time you allow your emotions to creep into your business decisions you will always make the wrong decision.

Gail K. · Answer

Why are you feeling bad?   This tenant has told you before he was moving and so far, he hasn't done it.  Your letter of non-renewal was appropriate; it would be the first step toward legally removing him should he not vacate your rental unit.

Gail

Jennifer Rysdam · Answer

Thanks everyone for your advice and support. Sorry it took so long to respond. My whole Bigger Pockets discussions screen is on the left side of my computer screen for some reason. It's nearly impossible to read and respond to posts.Anyways, I sent a letter of non-renewal to him. Then I ran into him at the building later that day when I brought him some skis that I had bought for his walker legs (his rubber caps stick to the floor and make a ton of noise every time he moves around) and he said that he was going to be moving the end of the month. Then I felt bad. He's a nice enough guy. Then I kind of fibbed. When he asked if I needed a letter or something I told him that I'd just send him one in the mail and we'd be good, lol :) Covered my butt and kept a good relationship with him at the same time.Thanks again, and if anyone knows how to fix my screen please let me know. It's like this on my android too. Everything pushed to the left and no formatting, just a long list of titles.

What would you do in this situation?

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