Limiting Smoking in the Lease
Owners frequently want you to put a ‘non smoking stipulation’ in the lease to prevent tenants from stinking up their property. Managers have learned ‘you never to add a stipulation to a lease you have no system in place to monitor it and really can’t enforce,’ and a non-smoking stipulation is one of them. If the owner insists, you need to have them sign a disclosure that although you’ll accommodate them and add it to the lease, there is no way to enforce it. Make sure they don’t have a case against you for failure to enforce a lease that You Can’t Enforce, when the tenant violates the stipulation and leaves smoke smells throughout the property. This provides a way to give them what they want but protect yourself when it doesn’t work.
Protect Yourself From Owners
“The longer you’re in property management the more you realize that it’s sticky, often hostile, sometimes even litigious. Over 35 years I’ve been burned many times by owners, tenants, vendors, staff and third parties and after the second or third time (I’m a slow learner) I would go back to the attorney and have her draft a document that prevents it from ever happening again. Blaming property managers has reached an all-time high and isn’t going away anytime soon. So, understanding this reality, smart managers need to spend extra time, money and effort building/crafting documents designed to protect themselves, even from the folks they are trying to serve. We’ve pulled these documents from our archives and have listed them here for your review and downloading individually (or in packages by topic). We’ve laid this material out in the Property Management Life Cycle categories for purposes of giving the discussion some order.
Protecting yourself from Owners is what these documents are all about.