Ohio tenant/landlord laws cigarette smoking damage

Specialist · OH · Member since 2019 · 59 posts · 18 votes

Tenants lease says nothing about smoking. She gave a deposit of $765 but smoked in the unit for 2 years. How much of that 765 can I charge her for cleaning up the unit? Need new blinds, paint carpet etc. located in Ohio

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Peter Sanchez

Real Estate Investor · Washington, DC · Member since 2014 · 236 posts · 328 votes

Rent some ozone machines or whatever it takes to remove the smell of cigarettes. THAT'S how much you can deduct. The rest goes to the tenant, unless something else is damaged. You get what is required to get the place back to the starting point (minus wear and tear). You don't get to keep the whole thing because of some kind of moral outrage over someone smoking on your property. I wish I could keep the security deposit on everyone who listens to dub-step. They are terrible people and that is terrible music, but that's not how it works.

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Matt Paradis
Rental Property Investor · Member since 2019 · 6 posts · 2 votes
6y
@Austin Wood I assume you are obliged the keep the whole thing for damages up to or exceeding the deposits amount. I have no experience but am in your location so I’m interested in the answer from others.
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Remington LymanBusiness Member
Real Estate Agent · Columbus, OH · Member since 2017 · 6k+ posts · 7k+ votes
6y
@Austin Wood Did you have something in your application or marketing material that indicated you did not allow smokers?
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Austin Wood
OP
Specialist · OH · Member since 2019 · 59 posts · 18 votes
6y
@Remington Lyman no, this was an inherited tenant
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Peter Sanchez
Real Estate Investor · Washington, DC · Member since 2014 · 236 posts · 328 votes
6y
Rent some ozone machines or whatever it takes to remove the smell of cigarettes. THAT'S how much you can deduct. The rest goes to the tenant, unless something else is damaged. You get what is required to get the place back to the starting point (minus wear and tear). You don't get to keep the whole thing because of some kind of moral outrage over someone smoking on your property. I wish I could keep the security deposit on everyone who listens to dub-step. They are terrible people and that is terrible music, but that's not how it works.
6 Reply
Jennifer T.Pro Member
Investor · New Orleans, LA · Member since 2014 · 1k+ posts · 944 votes
6y
Even if there is nothing in the lease about smoking, she is still responsible for the damages that her smoking caused.
But, with that said, the "age" of the items she damaged also comes into play. For example, a 10-year-old carpet has outlived its normal life and no longer has any value. Even if it was in perfect condition, when she moved in. Though you could deduct the cost for cleaning it to (hopefully) get the smell out. But if an old carpet needs to be replaced, that shouldn't come out of her SD.
Or it could be pro-rated. Let's say the carpet was new when she moved in and has a 5-year life. Cleaning didn't solve the problem and the carpet has to be replaced. She'd be responsible for 60% of the cost. Because three years of its life was "lost".
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Remington LymanBusiness Member
Real Estate Agent · Columbus, OH · Member since 2017 · 6k+ posts · 7k+ votes
6y
@Austin Wood If I inherit a tenant, I refund the whole deposit unless I know they did additional damages after I took ownership. Unless you got amazing supporting documents from the previous owner (a move-in checklist, pictures of the unit in the prior condition) it could be hard to make a case to keep the deposit.
If you do keep the deposit and they file a claim against you and win they could get 3x that security deposit.
*I am not a lawyer and you should seek legal advice.* This information could be inaccurate
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Austin Wood
OP
Specialist · OH · Member since 2019 · 59 posts · 18 votes
6y
@Peter Sanchez but everything in this place is now yellow dude!!!! Lol
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Austin Wood
OP
Specialist · OH · Member since 2019 · 59 posts · 18 votes
6y
@Jennifer T. Very insightful. Thank you
0 Reply
Austin Wood
OP
Specialist · OH · Member since 2019 · 59 posts · 18 votes
6y
@Remington Lyman I appreciate your advice man!
0 Reply
Anna Sagatelova
Property Manager · Cleveland, OH · Member since 2019 · 446 posts · 566 votes
6y
Although the smoking did impact the condition of the unit, arguably beyond "reasonable wear and tear", since you inherited this tenant you also don't know if the previous tenant before them also smoked and the unit was already in similar condition when they took it. Unless the seller you purchased from kept meticulous records, I agree that you should err on the side of caution, because if this does go to court your damages can far exceed the amount of the deposit.
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Mindy JensenPro Member
BiggerPockets Money Podcast Host · Longmont, CO · Member since 2014 · 7k+ posts · 10k+ votes
6y
@Austin Wood, I just bought a house that was chain-smoked in since 1979. It positively REEKED with cigarette smoke, and I did a little research and bought this Ozonator on Amazon for $80. I had to run it a few times, but I live in that house now, and smell nothing. This little guy is worth his weight in gold.
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Austin Wood
OP
Specialist · OH · Member since 2019 · 59 posts · 18 votes
6y
@Mindy Jensen thanks mindy! Ordering now!
1 Reply
Remington LymanBusiness Member
Real Estate Agent · Columbus, OH · Member since 2017 · 6k+ posts · 7k+ votes
6y
@Austin Wood Yeah I Ozon my units between tenants if the last person smelled
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Bryan Cork
Colorado Springs, CO · Member since 2017 · 117 posts · 45 votes
6y
@Austin Wood
As others have said you will need to be very careful of whatever you hold back from the security deposit. I would proceed as if you were going to be pleading your case to a judge. Since you have very little evidence of what the condition of the unit was before they moved in, it’s difficult to assess tenant “damages”. And if nothing is in the lease stating that smoking is prohibited, smoke smell falls more under the umbrella of “ normal wear and use”.
The safest bet is to get yourself some oil based primer and a coat of paint on the interior when turning it over. But hopefully an air purifier can help too. Good luck!
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Russ B.
Investor · Cleveland, OH · Member since 2017 · 319 posts · 330 votes
6y
Originally posted by @Anna Sagatelova:
Although the smoking did impact the condition of the unit, arguably beyond "reasonable wear and tear", since you inherited this tenant you also don't know if the previous tenant before them also smoked and the unit was already in similar condition when they took it. Unless the seller you purchased from kept meticulous records, I agree that you should err on the side of caution, because if this does go to court your damages can far exceed the amount of the deposit.

This is always worth considering with an inherited tenant. There's probably no reliable way to know (let alone prove) that the person before them didn't also smoke in there. It might have always been a smoking unit.
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Account Closed
Investor · Columbus, OH · Member since 2017 · 861 posts · 1k+ votes
6y
Originally posted by @Austin Wood:
@Peter Sanchez but everything in this place is now yellow dude!!!! Lol

Here's a cursed real estate listing I found.. Its since sold and whomever is rehabbing it is making it look really nice, but I seriously wonder WTF was going on in that one "dark red" bedroom, like there was a cigarette smoking competition going on for the last 10 years. Just filthy too!

https://www.redfin.com/OH/Columbus/2616-Howey-Rd-43211/home/75661354

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Austin Wood
OP
Specialist · OH · Member since 2019 · 59 posts · 18 votes
6y
I think I will call fair housing and ask them directly just to be sure. she had a large sticker on her refrigerator that was a picture of her son, and I picked it up and the spot underneath the magnet was significantly whiter than the rest of the fridge. Yuck lol
0 Reply
Brian Phillips
Chillicothe, OH · Member since 2013 · 50 posts · 4 votes
6y
You haven't provided any details to go on. I would try to take the amount from the deposit equal to damages from the smoking by that tenant, minus normal wear and tear. You can't prove anything in court because you have no pictures of when she took possession. If she pushes back, offer 30% of the amount you deducted back. If she pushes again, give her the whole deposit back.
0 Reply
Brian Phillips
Chillicothe, OH · Member since 2013 · 50 posts · 4 votes
6y
I know someone with tens of thousands of units. He literally has thousands of units that turn over every month. The average amount deducted from a security deposit is 178$. If the tenant complains (even if he feels everything was deducted correctly), he offers them 30% of the amount he deducted back. If the person still won't agree, he offers the person 50% of the amount he deducted. If the person still won't agree, he goes to court. And he almost always wins...

Remember, you don't want to lose in court over 100$ that you deducted wrongly, because it isn't the damages that get you, it is the thousands in attorney's fees you pay.
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Patrick Soukup
Rental Property Investor · Fort Collins, CO · Member since 2015 · 273 posts · 127 votes
6y
@Mindy Jensen are you sure you’re not nose blind to it? Lol, ozone machines are great, but chain smoking in a house is a carpet, pad, seal coat on the subfloor, full paint including ceilings and at that point you may be good. UNLESS, you’ve got a big *** house and the smoke was not confined to a small area.
0 Reply
Matt Pastier
Real Estate Agent · Central Florida · Member since 2013 · 118 posts · 102 votes
6y
@Austin Wood I was just about to post a similar topic. I received a complaint today from a tenant that their neighbor across the hall started putting partially smoked cigarettes on their door frame to finish later. He is a tenant I inherited a few months ago and has been a headache. I called him tonight and told him he had to stop because it was a fire hazard, and also that he couldn’t smoke in his apartment. My wife then reminded me that the previous owners lease says nothing about smoking. She was right - the lease only referred to illegal substances. Super frustrating. But, it’s good to know there’s a product that will help get rid of the smell when the lease is up.
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Daniel SmythPro Member
Rental Property Investor · Rockford, IL · Member since 2019 · 471 posts · 342 votes
6y
@Peter Sanchez
Yeah, but dub-step follows the Tennant.
I can walk into a smoker house years after the smoker died, and still smell it!
It gets into everything, requiring kilz under new paint at times. Air filter machines work as good as having a smoker hide his cigarette behind his back or hang his cigarette and arm outside the car. But then, a smoker would not care at all.
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Mindy JensenPro Member
BiggerPockets Money Podcast Host · Longmont, CO · Member since 2014 · 7k+ posts · 10k+ votes
6y
Originally posted by @Patrick Soukup:
@Mindy Jensen are you sure you’re not nose blind to it? Lol, ozone machines are great, but chain smoking in a house is a carpet, pad, seal coat on the subfloor, full paint including ceilings and at that point you may be good. UNLESS, you’ve got a big *** house and the smoke was not confined to a small area.

If anything, I'm MORE sensitive to smoke because of my smoking past. That Ozone machine is worth it's weight in gold!
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Tricia M Hoover
Member since 2024 · 1 post · 0 votes
2y
Hello,
I'm not sure if my other post with questions was successfully published here.
What if there is no security deposit, and there is no clause in the lease for smoking damages? I'm a tenant in the situation, and I was never told that smoking wasn't allowed. There is no security deposit, and now they are charging me $1400 dollars (less than a month's rent, as that seems to be material information).
We moved into an apartment within the same complex on March 01, 2024. We still have not been provided a lease, and we now received the bill on May 2, 2024, and it is due by 05/25/24.
Is there any expected life on vertical blinds?
We are renting until our lease is up. I (we) recently inherited a property that will be rented once the legalities are handled. I'm trying to swim through the details of what to add to the least while also figuring out what I can legally be charged here.
Thank you in advance!
Tricia
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Colleen F.Pro Member
Investor · Narragansett, RI · Member since 2013 · 8k+ posts · 4k+ votes
2y
@Tricia M Hoover It will be obvious if your post goes through. You can also check the tab for my discussions, if it isn't there it didn't post. Regarding your question if the lease said no smoking then it doesn't have to say anything about smoking damages, they are the same as other damages. I would guess not more than 7 years for blinds but its just a guess. You can be charged actual damages so ask them for the actual damages and check your local state laws. In 2 months? what do they look like?
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