| Support Center
I own a duplex, live in one side and use the other unit for a rental. My M2M rental agreement covers as many aggravation and/or nuisance issues as I can think of. Unfortunately, it looks like I may have missed one.
Due to the close proximity of my unit and my neighbors' homes, I have found it necessary to limit outdoor cooking exclusively to the use of gas grills. Any appliance that causes smoke, such as charcoal grills, food smokers, and wood burning fire pits, are expressly prohibited in the rental agreement.
My tenant was specifically made aware of this requirement prior to signing the rental contract. A week or two ago, I began noticing an odd odor in my unit, and when I went over to mow the lawn, there was an electric food smoker on the patio. Today, the smell of smoking fish is permeating my home.
We live in a cool coastal climate, and the roof attics are built with open vents. The coastal wind blows any kind of smoke and odors into the attic, where it collects and disperses into the units through the ceiling light fixtures.
Does anyone have any kind of clause in their rental agreement, or know of any kind of written stipulation that addresses the issue of odors passing from one unit into another, or into a neighbor's home? I'm pretty sure this is probably a situation that could also occur with cigarette or marijuana smoke.
Any suggestions will be much appreciated.
It sounds like you're dealing with a frustrating issue, and your concerns are valid given the shared structure and potential impact on neighboring properties. While you already have a clause addressing outdoor cooking appliances, you might want to expand it or include an additional clause in your rental agreement to address odor-related nuisances more broadly. Here's how you might approach this:
Suggestions for Rental Agreement Clauses
Prohibition of Strong or Pervasive Odors: Include a clause that explicitly prohibits any activity that generates strong or pervasive odors, whether indoors or outdoors, that may migrate into neighboring units or properties. For example:
"Tenant shall not engage in any activity, including but not limited to cooking, smoking, or the use of appliances or devices, that generates strong or pervasive odors likely to affect neighboring units or properties. This includes, but is not limited to, the use of food smokers, wood-burning devices, and any other appliances emitting smoke, vapors, or odors."
Responsibility for Nuisances: Add language holding tenants accountable for any nuisance caused by their activities:
"Tenant agrees to refrain from any behavior or activity that constitutes a nuisance, including the emission of odors, smoke, or other substances that interfere with the quiet enjoyment of other tenants or neighbors. Any violation of this clause may result in immediate corrective action, including, but not limited to, additional cleaning charges, removal of prohibited appliances, or termination of the rental agreement."
Compliance with Local Regulations: Reference compliance with local laws regarding nuisance odors or smoke. Some municipalities have ordinances addressing this issue, which you can incorporate:
"Tenant must comply with all applicable local and state laws regarding nuisance odors, smoke, and emissions. Violations of these laws are considered a breach of this rental agreement."
Inspection and Enforcement Rights: Clarify your rights to inspect and enforce these clauses:
"Landlord reserves the right to inspect the premises upon reasonable notice if a suspected violation of this agreement occurs and to require the immediate removal of any prohibited items."
Next Steps for Your Current Situation
Document the Issue: Take photos of the smoker on the patio and note the dates and times you noticed the odor. This documentation is critical if you need to enforce your lease or pursue further action.
Send a Written Notice: Inform your tenant in writing that their use of the food smoker is in violation of the rental agreement. Request that they remove the appliance immediately and cease any further activities causing strong odors.
Consider Mediation: If the tenant is resistant or unaware of the full impact of their actions, you could try to discuss the issue in person or via a formal mediation process.
Update Future Agreements: Revise your rental agreement to include the above clauses for future tenants. It's also wise to have new tenants initial or sign any specific clauses addressing nuisance concerns to ensure they're fully aware of the rules.
By addressing the issue both with your current tenant and in future agreements, you'll be better protected from similar situations moving forward.
- This answer was written by AI (ChatGPT) and reviewed by the ezLandlordForms team.
