Reasonable fees for cleaning and smoke cigarette smoke damage

[Julie Doran]

I am new to this. I purchased a home that had a small cottage on the parcel that had a tenant in it. We decided to keep it as a rental and let her stay. We formed a new rental agreement and had her sign. We also were nice and dropped her rent $50 a month.That was March 2015  She soon after started paying rent late, like between the 5th and the 15th,and we let that slide, even though the new agreement says we can charge 5% every day it is late past the 1st. 

Then August 2018 she only paid $200 with a note that she was short but would catch up soon. Same in September. In October she paid rent and an extra $100 towards back rent. I told her I was ok if she paid a little on it each month. She never did pay any more extra towards back rent. Then Feb. 5th she stopped me in the driveway to say she was giving her notice. Later in the month I asked her for and exact move out date and she said she didn’t know, could be 2 weeks, could be 2 years. On March 5th when she hadn’t paid rent or back rent I posted a 72 hr notice on her door. We have since had conversations where she has told me I can “ keep her deposit to cover the back rent and she will pay me the balance or Marchs rent on the 30th when she moves out. I asked her what about the damages and cleaning fees for smoking in the rental when it’s stated and she signed acknowledging she is not to smoke in the property. She claims she will clean it and there are no damages and she wants money for what she referred to as “sweat equity” that she put into making a garden in the yard with raised beds that she has since ripped out and left holes in the yard or mounds of dirt. My questions are. 1 what is reasonable to charge for damage from cigarette smoke, and do I have to take her word that she has done the cleaning of it appropriately or not. Can I now tack on the late fee she should’ve been charged.