QUESTION
What can I do if a tenant is a heavy smoker and you have to change carpet in the apartment and a lot of extra cleaning because of his heavy smoking
Asked on Aug 27th, 2012 on Landlord and Tenant Law - Utah
10 ANSWERS
In most standard leases you are allowed to charge a fee for damages beyond "normal wear and tear." Heavy smoking could definitely be construed as being beyond normal usage of the property, so you should be allowed to charge for your actual cleaning costs. Make sure you get a receipt from your cleaning service and/or from whomever you purchase the new carpeting to back up whatever charges you pass on to the tenant. You may give the tenant the opportunity to find a less expensive (but still acceptable) alternative, in case you are worried about collecting. Good luck!
Answered on Sep 04th, 2012 at 2:11 PM
Child Custody Attorney serving Malvern, AR
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Law Office of Gregory Crain
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Keep deposit and sue for damages.
Answered on Sep 03rd, 2012 at 11:50 PM
A tenant can be held liable for the cleaning and repairs that are "beyond normal wear and tear". If you can prove that the carpet and extra cleaning were the result of the tenant's occupancy then the court may allow you to charge the tenant for those items.
Answered on Sep 03rd, 2012 at 11:34 PM
If the lease stated that smoking was not permitted, then you would have recourse for any damages you sustained, which would include cleaning or replacement of the carpet. If the lease says nothing about smoking (and most leases do not address smoking), then the tenant will claim that he was entitled to smoke in the rental property and the odor caused by smoking is merely "normal wear and tear"; he will probably win that argument. Before renting again, you may want to consider a "better" rental agreement. Incidentally, NONE of the rental forms in office supply stores or on the Internet (especially the ones that say they are good in all 50 states) DO NOT comply with Arizona law.
Answered on Sep 03rd, 2012 at 11:27 PM
Transportation Attorney serving Mamaroneck, NY
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Palumbo & Associates, PC
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Charge him accordingly for his damages.
Answered on Aug 31st, 2012 at 2:45 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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Increase the rent, refuse to renew.
Answered on Aug 30th, 2012 at 10:31 PM
Steven D. Dunnings
Next time put in your lease "No Smoking".
Answered on Aug 30th, 2012 at 10:22 PM
Appellate Practice Attorney serving Bloomfield Hills, MI
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Law Office of William L. Spern
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Charge it to security deposit.
Answered on Aug 30th, 2012 at 10:05 PM
Leonard A. Kaanta
Mere cleaning is not considered damages.
Answered on Aug 30th, 2012 at 10:00 PM
Lisa Hurtado McDonnell
Take the cost of cleaning out of your deposit.
Answered on Aug 30th, 2012 at 10:00 PM