Hi OzBargain friends,
Short version:
What should I do if the flatmate (also tenant) in my apartment starts to smoke indoors but in the agreement I signed with him has no terms on whether “smoking is not allowed inside the property”? Tried to talk with them but it didn’t work well.
Long version:
My friend recently moved to Canberra and rented a 2-bedroom apartment in the city, she has to rent out the other room since the rent is not one-person-friendly. She is new as a landlord and didn’t realise there are people that smoke inside the room, so she used the ACT tenancy template and didn’t say anything about whether smoking is allowed on premises.
A couple moved in 3 month ago, started put strong fragrance in the living room and said it is their tradition/culture where they came from so my friend showed respect. She also noticed the couple smoking and thought she shouldn’t overreact as long as they only smoke on the balcony.
But recently, the couple started smoking in the living room. Due to respect my friend texted them, talked with them face to face that smoking shouldn’t be allowed indoors, but the couple responded that it is cold outside so they have to smoke inside, and they can’t live without cigarettes, also they claimed my friend is a private lessor not an agency so should not ask them doing this and that.
The lease still has 2.5 month left. I know in certain tenancy agreement there’re context such like “quiet enjoyment” that can including second-hand smoking. However, in their agreement there is no terms on smoking, is there anything my friend can do or any help can seek to avoid this situation, instead of suffering for another 2 more month?
It makes me quite uncomfortable when people refuse to talk sense but I have no idea what can be done other than talking this out with the tenant. At the same time, my mind was like, what if someone super loves durian and places it everywhere in the house, or someone likes the smell of boiling vinegar and starts doing so on a daily basis?
Thanks for any advice and regards,
Update 1:
Thanks all for the inputs quite a lot of them are very inspiring, and I have had my friend read them through carefully. We would compose an email and send it to the couple, and see their response. It might include
* smoking inside the apartment is not acceptable
* consequence if they continue smoking inside the apartment (she can force them to move out?)
* options for them (either smoke outside and find a solution themselves or move out in 2 weeks, either way, they have to pay for the cost to remove the odour on the property)
with documents attached:
* strata bylaws
* influence of smoking on other ppl's health
* research of smoke can reach other areas of the apartment ( if I can find, because they claim they are smoking in the living room and my friend won't be able to smell it in the bedroom, even though the property is not big)
Another question is, what if the couple simply ignore the email, like what they did for the text message? I don't think my friend will be able to carry an extinguisher or a hose, etc.
And seems I missed a detail that may be related, before they started smoking inside the apartment they approached my friend and told her they gonna move out and want their bond back immediately since they would need that to pay for the new bond. My friend explained that they can't do that because before they moved in, they have agreed that they would pay the rent till the end of the lease or til the replacement tenant comes if they decide to move out early (whichever happens first), and it is part of the agreement; as for the bond, she can only refund it after they completed the cleaning and there is no damage to the property.
I didn't put it in the story in the first place because I thought those terms are quite reasonable and they seemed to agree with that after my friend's explanation. And what made me annoyed is the smoking thing and I don't know what to say back other than telling them smoking is not allowed in the apartment when they simply ignored it.
Lesson learnt so far for the new landlord:
1. Attach a sheet of extra terms of what you don't want your tenant to do, to the official template and make it as detailed as possible
2. Better screen your tenant
Update 2:
Again thanks everyone for the input. The tenants stoped paying the rent yesterday and emailed my friend that they will move out in 2 weeks. They wants the 2 weeks rent to be deducted from the deposit, and another 2 weeks’ deposit as cleaning fees when they leave.
When my friend arrived home at night, they already moved out. End of story.
Get a copy of the building's bylaws if it's a strata unit and check whether the bylaws already prohibit smoking indoors (though many also prohibit smoking on common property ie. including the balcony). If there's no mention of it then you'll just have to kick them out with the required notice period etc.