Security deposit deductions for smoking

[Robert Steele]

Well I got my second less than stellar tenant in two years. Another single mom. Figures. A pity you cannot discriminate based on marital status. Anyway, after she moved out the place stunk like cigarette smoke. I knew she was a smoker and said she could smoke outside or in the garage. The lease stated as much. This compromise has worked for me in the past but not this time.

So I am wondering how much you would take out of her security deposit for smoking inside the house? Here's what I did.

I cleaned the carpets (already at her expense per the lease). A couple rooms were still stained badly even though they were brand new when she moved in a little over 18 months ago. So I replaced all the carpets.

I painted all the walls and ceilings.

I cleaned and wiped down every surface including windows, blinds, doors, fans, baseboards, you name it. I mopped every floor.

I still could smell it.

So I had the AC evaporated coil cleaned and ran an ozone machine for 24 hours. Ok so now it doesn't smell.

I am thinking of taking the following out of her deposit; the percentage of the new carpet cost for the rooms that were trashed. The cost of painting the entire house interior. Cleaning costs including the AC coil cleaning and the ozone machine. Does that sound reasonable to you? Did I miss anything?

Now some caveats. I do not have an move-in condition form. She was supposed to return it but never did. The lease states that if we don't get the form then the place is perfect and spotless. But what if she decides to take me to court? I have move-in photos. I have a receipt for the carpet when it was installed before she moved in. I have receipts for the work done. I have photos before the work was done (unfortunately they haven't invented one yet that capture smells). I could get affidavits from the workers and neighbors that it stunk of cigarette smoke.

Am I covering all my bases?

[Kelly G.]

Robert Steele: . . . "Another single mom. Figures. A pity you cannot discriminate based on marital status. . . . "

Seriously!! I am soooo incensed by this comment I do not know where to begin! My mother was a single mom . . . she raised two beautiful daughters who took care of her in her final years. She held a full time job and raised two INFANTS when my philandering father left her for another woman! My sister and I are both college graduates thanks to that "Single Mom"!!! She had nothing but a high school education and yet she raised two kids on her own, bought her own home in the late '60s as a "Single Mom" (a feat in and of itself! - the deck was clearly stacked against her) and managed to help both my sister and I to get a college education - something she was never able to achieve! She worked hard for us so we could have a better life - and managed to do all that in an age ('60s-70's-80's) when women were still considered second class citizens . . although - clearly for some - we still are!!

You incredibly insensitive - sexist . . $%^& (I'd have some other choice words for you but I don't want my post to be removed - it's tooo important!!) Women - to this day still only make 70% of men for the same JOB! Your "single mom" tenant probably did NOT Choose that role for herself!!

" . . . based on marital status" . . . Really - MEN are the ANSWER . . . as though my cheating, selfish father was any help in my life!!

Kelly
Professional Biologist and proud daughter of a SINGLE MOM!!!