All Forum Posts by: Jeff Willis

Let's play advocate for a moment. 

Assume you have a 4plex and three rent for $1500/mo. You are taking bids on the 4th. All you can get is $1400. The other three find out you rented it for $1400 and want their rent lowered. Would you do it?

You go to the gas station and instead of listing the price, they ask you to bid for the gas, would you? How about for airline tickets? How about for food?

As @Michael Craig said. Set it at the market and move on - not a good idea. 

@Account Closed

If the lease forbids smoking in the apartment or the common area, that is a different story, but he explicitly said "and one of the occupants is using the hallway to smoke pot" and the title is "to catch a pot smoker," which implies it is the pot, not the smoking.

If this is a common area and the lease forbids smoking in a common area, then install a camera and terminate accordingly.

BTW I hate smoking of any kind and can't stand the smell.

Lease forbids what, smoking pot?  Marijuana has been decriminalized in NY. What are you trying to accomplish?

@Jonathan R. 

I agree 100% in what you are saying and it can create a problem You need to work with their placement officer or the responsible person (family, etc) and get it resolved. May they need to go to a care facility. What I am saying is that you need to aware of the Fair Housing Act and how it applies. If you are found in violation, in addition to being sued, you can kiss your Section 8 authorization goodbye. I saw this happen to an S8 landlord in Redding, CA. He evicted someone because they were autistic. He was sued and can no longer participate in S8.

All I am saying is be careful.

Notwithstanding the advice of the others as to contacting their caseworker (handler), which is all correct, there are other considerations. You need legal help in this case.

You said this person appears to have a mental disability and if so, be very careful. If their outbursts are the result of this disability and you act on that, you may be running afoul of the federal Fair Housing Act which prohibits:

Terminate a tenancy for a discriminatory reason.


Federal law prohibits discrimination against people who:


• have a physical or mental disability that substantially limits one or more major life activities—including, but not limited to, hearing, mobility and visual impairments; chronic alcoholism (but only if it is being addressed through a recovery program); mental illness; mental retardation; being HIV-positive, having AIDS or AIDS-Related Complex

• have a history or record of such a disability, or
 are regarded by others to have such a disability.


I agree with @Arvi Carkanji. Try to resolve is a civilized manner. Towing a vehicle/trailer will create a battle, you will not win. Work with the tenant to resolve the issue, you will win in the long run.

This is not a tricky situation. You wanted then out, and they are out.  It saved the eviction process.

Law requires 60 days' notice, but that does not mean they have to stay for 60 days.  You have the desired result and the possible rent they owe (if any) you is far less than the cost of an eviction.

Move on to the next applicant.

You should disclose it to any prospective tenants. Even if you sell, in most states, it is a required disclosure.

Since the title and mortgage are in your friends name, you own nothing and have no interest in anything. Verbal agreements are not valid in real estate. There are many good suggestions already I would recommend evaluating.