How to handle tenants who smoked in your rental

Question

I just had a tenant move out recently. While I was doing a showing to a few new prospective tenants while the old tenants were still living in the house, everyone (including myself) had smelled cigarette smoke in the house. I had confronted the tenant and she denied there was smoking in the house. Fast forward to them moving out and turning the property back over, there is a CLEAR smell of smoke in the house. I had multiple people walk in the house and could smell it.

My question is how do you prove smoke damage? They only lived in the house for 6 months so there wasn't enough to show damage to walls or any other fixtures. It wasn't something I could take a picture of like you would a broken blind or hole in the wall.

I had to spend a good bit of money on repainting the house, cleaning, etc. to remediate the smell. The issue is how do you document a smell? The old tenant won't admit to smoking and I'm trying to find ways moving forward to have more documentation on smoke damage. Any help is appreciated!

Bjorn Ahlblad · Answer

@Corey Conklin You will find "tobacco smoke test kits" on google. Marijuana etc as well.

Patricia Steiner · Answer

You don't have to prove a thing...send them a Notice To Quit (lease violation letter) which will give them - depending on the state - 3 to 7 days to not only stop the violation but cure it.  Don't listen to excuses or denials.  You smelled it, it exists, it is happening, and they can stop immediately or you can proceed with terminating their lease.  Remember, tenants will attempt to retain control but challenging you; by managing to the lease, it remains 'your ball, your court.'

Send the Notice today but email/door posting - AND by USPS with proof of delivery required.  The air will get a lot cleaner very quickly if you do.

Best.

Nathan Gesner · Answer

You don't necessarily need proof. Document it, clean it, charge it, and move on. If the Tenant wants to contest it, they'll have to prove you wrong. How will they do that when you have witnesses?

Don't sweat things that "may" happen.

Colleen F. · Answer

@Corey Conklin Charge them for the ozone machine to treat the smoke smell.  Doesn't matter if they say they smoked or not there is a noxious odor that needs to be treated.  I didn't know there are smoke test kits but if you have people showing complaining that is an issue.

Lisa Dukuly · Answer

Put in a claim with your insurance carrier and let them go after the tenants. Lisa Dukuly Public Adjuster

Jonathan R McLaughlin · Answer

If u really want to prepare ask the prospective tenants who also smelled the smoke to send u an email stating they smelled it. 3rd party evidence of u ever need it and not a heavy lift

Alecia Loveless · Answer

@Corey Conklin I had a couple who swore they were smoking outside but after we took over the property until they moved out 2.5 months we never saw them outside smoking once nor did the other tenants report seeing them outside smoking and clearly the unit smelled of smoke and we had to replace the ceiling tiles, repaint, and replace the flooring.

I simply sent them a letter with the information explaining what charges were being taken out of the security deposit related to cleaning up the smoking damages and 4 days later the check cleared for the remaining amount of their deposit and I haven’t heard from them since. They knew they did it even though they denied it to my face.

Corey Conklin · Answer

@Patricia Steiner Thankfully I didn't need to give them notice as they were on their way out. I was just curious how something like this would play out in court if they chose to dispute the smoke damage charges and how could I best state my case with something more concrete then just smell.

Bill B. · Answer

I’ve heard great things about ozone machines but make sure the home is empty and you can remotely turn the machine on/off while outside the property, it’s not good for living things. I BELIEVE there’s a primer or two specifically meant to cover smoked on paint. Probably from someone like Killz.

Corey Conklin · Answer

@Bjorn Ahlblad I had no idea that smoke test kits existed. This is exactly what I needed! Thank you for the help!

How to handle tenants who smoked in your rental

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