Tenants smoking in a non-smoking house can I take security dep?

Question

My lease says the house does not permit smoking in the house. After entering the house at the request of the tenants for some basic maintenance I find cigarette ash trays, hookah pipes and water bongs. All of these items are in plane view. And the house smelt of the cigarettes and weed. I'm not judging these guys for what they are doing but I just don't want them doing this in my house. I took pictures and sent an email reminding them that smoking is not allowed inside the house. Do I have the right to take security deposit money from them for a lease violation. They have just moved out and the house is being cleaned for the next round of college kids.

Nathan Gesner · Answer

The security deposit can be applied towards cleaning, repairs, and unpaid charges like rent. If it costs $600 to clean the place back to original condition and you have $400 left over, refund the $400.

It's unethical and illegal to keep more of the deposit than what is actually needed. Get your property back into shape, charge the tenants for what they are responsible for, and refund whatever is remaining.

Kathy Johnson · Answer

Don't forget about cleaning the heating/cooling ducts. As soon as the furnace/AC comes on it will blow smoke smell throughout.

Ryan B. · Answer

I'd keep whatever was necessary to remove any evidence that anyone ever smoked in the house (remove smell and any residue). It isn't a license to blindly keep the whole deposit (unless your lease says it is).

Mark Trebor · Answer

Thanks for all the feedback, I really don't like keeping tenants money. My goal has always been to return 100% of the security deposit plus interest. I in no way will keep all of the deposit, we state in the lease the cleaning fee is $75/hour.

Smoking weed has become very popular with the college kids and its something we see/smell much more often and its becoming increasingly frustrating. I've always heard keeping money for smoking related violations is a tough one to fight and win if they take you to court. Thanks again for all the advice.

Theresa Harris · Answer

As they've moved out, it is a moot point; but when you went in and saw the ashtrays and other items, you should have told them they were in violation of their lease.

Charge them for any cleaning including whatever needs to be done to get rid of the smoke smell. It may mean hiring a company as walls and ceiling will need to be washed along with fans and any filters (eg furnace) will need to be replaced.

Tim Herman · Answer

@Mark Trebor Read your landlord tenant laws. You can only subtract costs from their deposit not caused by wear and tear. If they didn't clean up you can deduct the cost from their deposit. I'm sure you kept their deposit in a separate escrow account and will pay them the 4% on the deposit. You have 30 days to provide them with an itemized account of the deposit. You will have to have receipts if they take you to court for their deposit.

Tenants smoking in a non-smoking house can I take security dep?

Tenants smoking in a non-smoking house can I take security dep?

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