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moneynfast

Pets, and no smoking

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Michael I see alot of rent to own, and lease options in the paper, but alot of them say no smoking, and no pets. How do you deal with this? What if you agree to that, and you sublease to someone that breaks the rule by smoking or having a pet. Please explain.

 

Michael :D

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Any homeowner has the right to stipulate no pets or no smoking. No pets is not at all unusual. No smoking is not as commonplace, but is becoming more so as the anti smoking movement rolls on.

When you meet a homeowner who has these rules in place, it isn't a big deal. Keep in mind you have a choice to reject any property if you deem the homeowner to be problematic. Remember: you're looking for the motivated seller. You never want to be the motivated buyer!

If any tenant/buyer breaks a rule, let's say the No Pets rule, you would need to explain to them what the lease they signed stipulates. That should take care of it. If not, you have the option of voiding the Agreement and pursuing their eviction through the local court.

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As a landlord myself, I put no pet clauses in my leases because I don't want to deal with the damage that pets often cause -- damages that exceed the security deposit and are not recoverable. When the tenant vacates, I expect to get a property back that I can market immediately while I making cosmetic repairs and taking care of wear and tear items. Pet odors (especially urine) in the property make the job of getting the property ready for market that much harder. I suppose the same could be said for smoke odors, though I do not prohibit smoking.

 

If I were a seller, I would not care about pets and smoking because these issues will be the new owner's concern. When you lease-option from the seller, the seller expects that you will not exercise your option and that he will get the property back some day. Therefore, the seller is doing what he thinks prudent to ensure that the property is in the best marketable condition when he needs to put it back on the market.

 

When you have a lease-option seller putting these restrictions on you, I suggest that you are not really dealing with a motivated seller here, but instead a wary landlord.

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