Security Deposit and Cleaning

[Vanessa S.]

Hello everyone- My tenant has moved out and the place smells. Neighbors have reported seeing the tenant’s guest smoking so this is the reason for the odor. My tenant attempted to disguise the odor with really smelly deodorizer. I will definitely need to find a way to get this terrible smell out of the carpet and interior. Any ideas on what I can do? Will steam cleaning the carpets help? Any other ideas? Finally, can I deduct this cost from the security deposit? By the way, I am in California. Thank you in advance all! 

[Paul T.]

As far as deducting the damage from the security deposit, you have not given us enough information to accurately answer your question.

The following is not legal advice. Please consult with your own attorney for legal advice.

Because you state you are in CA, I assume your rental is also in CA and that the rental is a dwelling unit for the tenant.

If you (1) notified the tenant in writing of the tenant’s option to request an initial inspection and of the tenant’s right to be present at the inspection, and (2) if the tenant requested an initial inspection, and (3) if the inspection occurred, and (4) if at the inspection you gave the tenant a written itemized statement specifying repairs or cleanings that you proposed to be the basis of any deductions from the security the landlord intends to make (and all statutory notices), and (5) if the tenant had the opportunity during the period following the initial inspection to remedy the identified deficiencies, in order to avoid deductions from the security, and (6) if the tenant did not remedy the deficiencies identified in the itemized statement, then, you may withhold from the security deposit sufficient amounts to pay for damages including damage from smoking.

If you (1) notified the tenant in writing of the tenant’s option to request an initial inspection and of the tenant’s right to be present at the inspection, and (2) if the tenant chooses not to request an initial inspection, then you are relieved of you obligation to provide an initial inspection, and may withhold from the security deposit sufficient amounts to pay for damages.

If you didn’t give the tenant written notice (#1, above), or if the tenant requested the initial inspection and you did not perform the initial inspection (#3 above), or if you did not give the tenant a written itemized statement at the time of the inspection (#4 above) identifying the smoke related damages, then you may not withhold from the security deposit, deficiencies that might have been listed in the initial inspection. And that would include damage from smokers.

All of the above is from California Civil Code section 1950.5.

It appears you are self-managing your rental. If you are going to continue to self-manage your rental, I strongly encourage you to purchase, read and follow the latest edition of Nolo Press, The California Landlord's Law Book: Rights & Responsibilities. It will likely be the wisest $31.49 investment you can make. Another excellent source is: California Tenants, a Guide to Residential Tenants’ and Landlords’ Rights and Responsibilities, prepared by CA courts. It is a 147 page pdf available online for free.