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MDLawyer, Lawyer
Category: Landlord-Tenant
Satisfied Customers: 6135
Experience:  10 years in legal practice. Over 5 years in advising clients on landlord/tenant issues, including on a pro bono basis.
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I have a tenant basement I have a signed lease months. This

Customer Question

I have a tenant for my basement for which I have a signed lease for 6 months. This is month 3, His inconsiderate behavior is making me question whether I could terminate the lease early but need to know I am following the law.
Submitted: 1 year ago.
Category: Landlord-Tenant
Expert:  MDLawyer replied 1 year ago.

Hello Olimpia! Thank you for using the Just Answer website. I look forward to assisting you. In order to best assist you, I need some additional information.

Do you live in the house? Is there a clause in the lease prohibiting smoking on the property?

Customer: replied 1 year ago.
I have a townhouse. I have a copy of the lease if you would like to see it.
Expert:  MDLawyer replied 1 year ago.

It would probably be faster if you simply answered those 2 questions. That's the only info that I need in order to answer your question.

Customer: replied 1 year ago.
I don't have a clause in the lease regarding the smoking. And this is a townhome
Customer: replied 1 year ago.
While there is not a paragraph. TheRe is single line that states there is no smoking inside.
Customer: replied 1 year ago.
by the way this is colorado
Customer: replied 1 year ago.
Did I clarified it is pot he smokes?
Expert:  MDLawyer replied 1 year ago.

Thank you for the additional information. Unfortunately, unless he is doing something illegal or breaking the lease, you cannot terminate his lease without repercussion. If he is smoking outside and not inside, then he would not be in violation of the lease. If a landlord

Expert:  MDLawyer replied 1 year ago.

Sorry hit enter too soon.

Customer: replied 1 year ago.
I did not get the last of your message
Expert:  MDLawyer replied 1 year ago.

If a landlord has no basis upon which to terminate the lease (i.e. the landlord did not break the lease), then the only way you can remove the tenant is to go through the eviction process and to evict him in the courts, you would have to show that he has either broken the lease or failed to pay rent.

Customer: replied 1 year ago.
Thank you...
Expert:  MDLawyer replied 1 year ago.

You are most welcome.

Expert:  MDLawyer replied 1 year ago.

Please let me know if there is anything else I can help you with this afternoon, Olimpia. If there is not and I have fully answered your question in a professional manner, please be so kind as to leave a positive rating as that is the only way that we experts get credited for the time spent assisting you since we are not Just Answer employees.