Security deposit deductions for smoking

[Robert Steele]

Well I got my second less than stellar tenant in two years. Another single mom. Figures. A pity you cannot discriminate based on marital status. Anyway, after she moved out the place stunk like cigarette smoke. I knew she was a smoker and said she could smoke outside or in the garage. The lease stated as much. This compromise has worked for me in the past but not this time.

So I am wondering how much you would take out of her security deposit for smoking inside the house? Here's what I did.

I cleaned the carpets (already at her expense per the lease). A couple rooms were still stained badly even though they were brand new when she moved in a little over 18 months ago. So I replaced all the carpets.

I painted all the walls and ceilings.

I cleaned and wiped down every surface including windows, blinds, doors, fans, baseboards, you name it. I mopped every floor.

I still could smell it.

So I had the AC evaporated coil cleaned and ran an ozone machine for 24 hours. Ok so now it doesn't smell.

I am thinking of taking the following out of her deposit; the percentage of the new carpet cost for the rooms that were trashed. The cost of painting the entire house interior. Cleaning costs including the AC coil cleaning and the ozone machine. Does that sound reasonable to you? Did I miss anything?

Now some caveats. I do not have an move-in condition form. She was supposed to return it but never did. The lease states that if we don't get the form then the place is perfect and spotless. But what if she decides to take me to court? I have move-in photos. I have a receipt for the carpet when it was installed before she moved in. I have receipts for the work done. I have photos before the work was done (unfortunately they haven't invented one yet that capture smells). I could get affidavits from the workers and neighbors that it stunk of cigarette smoke.

Am I covering all my bases?