Security deposit and cigarette odor/violation of nonsmoking

[Vincent Carroll]

Greetings,

My wife and I just got rid of our first (inherited) tenants, thankfully (we did a non-renewal of their month-to-month lease). However, they were on a nonsmoking lease (with the prior owner as well as the new lease with us), and we discussed the smoking issue with them when we purchased the property last year, and also sent a subsequent written warning which we received back with a very hostile and crude reply. Now that they are gone (strange folks), there is severe cigarette smoke odor concentrated in one of the 2nd floor bedrooms, also affecting the hallway. Also discoloration of the paint. We've had estimated from a cleaning company for odor removal, as well as a painting estimate. Certain things may fall under wear-and-tear, but I think (in my limited experience) that this warrants a deduction from their deposit. We were thinking of just deducting the cleaning costs and not charging for the repainting. Is this reasonable? This is MA (very tenant-friendly).

Second question is more of a "what would you do? type of thing. My wife wants to just give them their entire deposit back and be done with these folks (who have been fairly unpleasant) -- and she also worries they could try to "retaliate" in some fashion. I'm more stubborn and feel determined to make them pay for significant damage that will require time and money on our part to rectify.

Any thoughts/advice greatly welcomed. We are new investors, and got an introduction to how bad inherited tenants can be!

Thanks very much,

Vin Carroll