Landlord Question and Answer Forum

Forum / Move-Out & Eviction / Smoking in no smoking unit
Can you deduct all painting costs from the deposit, if the tenant smoked in a no smoking unit? Also, if a unit was completely painted at move in, what is the time line if a unit needs to be painted again at move out? Is it a percentage cost per year on who pays for painting if needed?
Steven Cimoli o, CA on Friday, October 17, 2014
RE: Smoking in no smoking unit
here are some examples of things that landlords could deduct from a security deposit, meaning that the damage went beyond normal wear-and-tear: Excessive holes in walls from picture hangers Broken tiles or fixtures in bathrooms Stopped toilet due to misuse Broken walls Removing paint put up by tenant Tears, holes or burn marks in carpets or curtains Animal stains in the carpet caused by domestic animals or leaking fish tanks Broken windows and window screens Broken doors and locks Appliances broken by negligence Excessive filth in over or on stove by burners Clogged drains from misuse or negligence Broken or missing window blinds Flea and pest extermination Excessive mildew and mold in bathroom Excessively filthy bathtub, shower, sink, mirrors or toilet Here is a list of things that are generally considered to be normal wear-and-tear which cannot, according to security deposit laws, be deducted from a security deposit: Faded paint or wallpaper due to sunlight Broken plumbing caused by normal use Dirty blinds and curtains Rug wear caused by normal use Furniture marks in carpet Warped doors caused by age, temperature or moisture Warped windows caused by the flow of the glass Dents in walls from door handles Broken appliances, if not from misuse Dusting Faded curtains Broken lightbulbs Replacement batteries for smoke detectors Picture or pin holes in walls, as long as not excessive
Posted by Luis M, NJ on Friday, October 17, 2014
RE: Smoking in no smoking unit
Did your lease say "no smoking"?
Posted by Dawn A, WI on Saturday, October 18, 2014
RE: Smoking in no smoking unit
The lease stated no smoking in the unit
Posted by Steven Cimoli o, CA on Friday, October 24, 2014
RE: Smoking in no smoking unit
Then you definitely have damage beyond "normal wear and tear" if the lease said "no smoking" and they smoked.
Posted by Dawn A, WI on Saturday, October 25, 2014
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