smoking and eviction

[Teresa Knepper]

So I have a 2 part question.  We have evicted some tenants due to them not paying their rent.  We sent them a 3 day to pay or quit and they moved.  However, we were in the facility (dealing with a so called mice problem by them) a couple days prior and noticed that they had cigarette butts in their rooms in huge ash trays and all smoke detectors had been removed and obviously it smelled like smoke.  My husband did take photos of this.  They are claiming that these are ashtrays that they brought inside because they were moving stuff.  So first, how much do we need to prove that there was smoking in the home because we do want to charge for damages? Secondly, since they were evicted and they moved is the lease now void and they owe nothing beyond what they lived there for?

Sorry this may seem like silly questions, but this is our first eviction and actually tenants.

Thanks!

[Samantha Klein]

@Teresa Knepper Take photos of how they left it. If your husband took photos of the ashtrays with butts in them, you should be fine. A judge would probably not by that they were just inside because they were moving, that could be a possibility if the ashtrays were empty. I would re-paint, do whatever you have to do to get rid of the smell, and absolutely charge their deposit, just make sure you document what you bought (send them copies of the receipts), and send them whatever the difference is, if any.