Smoking Tenant & Security Deposit?

[Matthew Dunn]

Dear Fellow BP Community, I'm a new landlord and recently served one of my inherited tenants a 30 day vacate notice as I'm doing substantial improvements to the apartment. She just left the property on Sunday and I did the walk through to assess any damages and immediately was hit by a very strong smell of cigarette smoke. Her original lease which I inherited clearly states no smoking was permitted and when I took on the property in May I issued her my rules and regulations, which she signed, that also stated no smoking. I have her $500 security deposit and she is very eager to get it back in full. The smoke damage is quite substantial with nicotine staining on the ceilings, walls, and AC vents. I'm quite sure the AC system will also be full of contaminants from the smoke. Carpets I'm replacing anyway, and new paint throughout, but I think the walls will need a special cleaning before any new paint can be applied. The property is in FL.

I'm pretty sure the $500 won't even cover the cleaning costs and AC treatment. But how should I document this and is there a specific method of capturing this damage so if she should decide to go after the deposit, I'm fully protected?

Thank you!

[Michele Fischer]

Not fun, been there, it is a process of trial and error to get the smell out.  Let her know that there is evidence of smoking in the unit and mitigation is underway, which will reduce her deposit return.  Also tell her you will need the full time allowed by law to determine the costs, so she can stop nagging you.

If you expect that she will fight you, play it very by the book.  Charge her for what you have itemized receipts for, don't charge for any of your own time.  When you send the accounting of the deposit, list the things you could've/should've charged her to show how reasonable you are.