Dear Landlords,

Happy Summer!

We recently had a tenant move out after renting our property for four years. During the last two years of their tenancy, the tenant’s new husband—who is a smoker—lived in the house. After they vacated, the property had a noticeable cigarette odor and stains.

Our lease includes a clear clause stating that if anyone smokes inside the home, the entire security deposit will be forfeited. We are now wondering whether we would have solid legal grounds to retain the deposit if challenged in court.

Although my husband did not witness the smoking firsthand, he strongly suspected it during their tenancy and noted evidence of smoking (e.g., cigarette butts or odor) while performing a repair in the home. He also took photos documenting his findings.

While we had considered early termination of the lease, the family was going through some difficulties and continued to pay rent—albeit sometimes late, but never missing a payment.

Given that the lease explicitly stated the consequences of indoor smoking, and the tenants signed it with full knowledge, do you believe we are within our rights to withhold the deposit?

We would greatly appreciate your thoughts and advice.

Warm regards,

Charge for actual damages only. You may be surprised that the damage is way over the deposit.

I live and own rentals in Los Angeles California. Here when a tenant makes a "statement", it's taken as a word from God. But when a landlord tries to explain things, the courts won't believe a single word of the owner/landlord, unless they have three witnesses and physical proof!

Have said this, let me explain a "Smoker" in a "non-smoking" rental.

My lease explains that if someone were to allow a guest into their rental, and that guest smoked, there are real damages that the "renter" would be responsible to cover.

"Walls and Ceilings". Area cleaned with TSP. Primed with a "Special" Smoke covering Primer. Then the area re-painted. A normal 1 bedroom repainting without a smoker or special prep, would run $1,500 to $2500. The same repainting with washing everything and using special primer, would add an extra $1,500 to the job--or $3,000 to $4,000 per 1 bedroom apartment.

Not only would the tenant loose their deposit, they would have to dig into their pocket to pay the balance.

So when I last took a smoker to court, I had cut out some damaged drywall. Not just the 7" x 12" hole, but a 4' x 6' section. I had an expert take a swipe/cloth and test the surface for nicotine. They Lab showed someone smoked 2 cartons a day for 18 months. That much build up. So in court I asked the Judge to have the sample put next to his bench. After three minutes the Judge started coughing, saying that no non-smoker could ever live in an apartment covered with nicotine.

Jen,

My lease is clear: Smoking is not allowed inside. Smoking causes a nicotine film and stains which create extra cleaning cost.

Washing walls: $100 per room

Repainting: $475 per room.

Replacing affected light fixtures, blinds, drapes, ceiling fans, etc will be added.

You'll aslo need to clean furnace filters and ductwork.

OdorXit has a packet to run thru the ductwork.

I am running the AQM packets from OdorXit right now in a place I just got back.

Walls and ceilings have been washed down. Carpet and pad removed. Then the packet was put in the middle of the room with two ceiling fans on low.