No Smoking - Landlord Forum thread 334002

No Smoking by Geri (CA) on April 22, 2015 @23:02

We do not allow smoking in our rentals. I will check our exact working in our rental agreements and put in comments when I get home because I don't remember exactly how I phrased it.

My question is, are we allowed to not allow smoking in the garage? If my rental agreement is worded in such a way that it includes the garage, what recourse do I have if it is not followed?

We have a recent move-out and while I don't smell any smoke odor indoors, (which is pretty amazing with how awful this tenant turned out to be in many ways) but there is a very strong odor of cigarette smoke in the garage. The garage has finished walls but an open rafters area that is all bare wood beams as well as many wood shelves along on wall. All the wood, including the door, and possibly the walls seem to have absorbed a ton of this odor. I am not sure how to make it not stink before we re-rent.

I plan to re-write my rental agreement to make it clear that the garage is included as a place not to smoke, if that is legal, but am hoping that the way I currently have it phrased covers the garage by default.

I should be able to add that info within 2 hours, but for now please just help me out with the legality of it all and info on the best way to get rid of the ick. I am thinking a coat or 2 of kilz to all surfaces, but maybe there is a better option.

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Re: No Smoking by CCRider (CA) on April 23, 2015 @02:35	[ Reply ]

First of all, if your contract says no smoking, that means no smoking - garage, hall, porch, whatever. So, I'd charge them for eradicating the smell. I've head the ozone machines work wonders. You might start with that. Whatever you do, be sure and meet the 21 day deadline for returning their deposit. Did you do a pre-move-out inspection? If not, and if you didn't offer to do one, then if they sue you and they know the laws, you'll lose and have to give them their deposit back. But, it would be worth a shot. Worst case scenario, they send you a demand letter, and you then can choose to pay them back or take your chances in court. Anyway start with the ozone machine. If that doesn't work, google what might work. Just airing it out might do wonders, after the ozone treatment. If you do change your lease, just say no smoking anywhere on the property. I used the Nolo Press California Landlord Rights and Responsibility book which also contains forms and contracts specific to CA, as well as is a great reference for CA law. Costs about $35 and you can download the e-version for even cheaper.

Re: No Smoking

Initial inspection, etc

Re: Initial inspection, etc

Re: No Smoking by P-Bone (NY and OH) on April 23, 2015 @06:41	[ Reply ]

For future rental agreements/leases I would be more specific. I make sure mine reads no smoking in the property or in the garage, and then further specify where outside it is acceptable to smoke (should they have guests or decide to take up smoking).

Re: No Smoking