Landlord Question and Answer Forum

My lease lists several times that there is no smoking on premises. After a long 4 month "notice to vacate" she has finally moved out. The entire house (4 BR, 2 BA home) reeks of cigarette smoke. We found cigarette butts inside home on floor and the house was left really dirty, food in fridge and garage and bedrooms with left behind trash. We did not get security deposit because she paid 1st and last. Can I charge her for the much needed painting of entire home to seal the smoke smell as well as the removal and installation of new carpets? We are minutes from going on the market and cannot proceed until this is handled, the cigarette smell is overwhelming. I did address it with her, she admits to smoking hookah inside and her boyfriend smoking in home, she states she only smoked outside. I have this in written text form plus pictures of the hookah, cigarette butts on kitchen floor, etc. I also have the original texts where I asked her originally if anyone was smoking - this is an enormous issue regarding resale. How else can I prove this?

Yes you can charge for anything that is necessary. Make sure to document and itemize everything as well as collect pictures. This is a matter to be taken up in small claims court. You can also use the full security as well as seek money for extra work needed to have the house ready for new tenants.

Posted by Derrick D, PA on Wednesday, July 5, 2017

best practice is to collect first months rent and a security deposit which is typically the same amount as the monthly rent. The move out process should include a physical inspection of the property (hey it reeks of cigaratte smoke in here!) Then you itemize the damaged items determining what is normal wear and tear (there are legal guidelines for this) This is where you add up the damage and expense to return in its original condition. You deduct that from the security deposit that you collected and return the rest. If the cost to return it to its orignial condition then you hand the tenant a bill. If they cant or wont pay then you go to small claims court if the dollar amount owed warrants your time, effort and expense.

Posted by Lori G, OR on Tuesday, October 26, 2021