Re: No Smoking - Landlord Forum thread 334007

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

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.

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Re: No Smoking by Geri (CA) on April 23, 2015 @04:05	[ Reply ]

"No smoking is allowed inside the premises by tenant or guests." is how I put in on our rental agreement. Not sure if I can say that includes the garage or not. Never gave it any thought until I noticed how bad the garage smells now. Prior to move-in I said smoking was only allowed outside, but again, didn't discuss if the garage counted as inside or out. Yes, I did offer and preform the pre-move-out inspection and I do know I need to have the accounting of deposit post-marked by the 21st day and will do so, so no worries there. However, I hadn't notice how bad the smoke smell in the garage was at the time of the inspection. Also didn't notice that the bathroom towel rack had been removed and a much smaller and cheaper on put on much lower on the wall, nor did I notice the shower head was gone...or maybe it was actually still there when I did the inspection, not sure.

Re: No Smoking by Anonymous on April 23, 2015 @10:55	[ Reply ]

The garage is an enclosed space and a part of the premises. So it is protected from smokers. The ozone machines are bunk; I tried one for a week and it didn't change the smoke odor at all. Good old oil based Kilz primer is the best product to encapsulate the smoke.

Initial inspection, etc by CCRider (CA) on April 24, 2015 @00:22	[ Reply ]

Well, the initial inspection law does leave the option for something to be deducted after-the-fact, if it wasn't apparent a the time of the inspection because it couldn't be seen or hadn't occurred yet. And I agree that the garage is "inside the premises." That would be my claim, anyway. I'd charge them for the removal of the smell. If they fight you and say it wasn't on the move-out list (initial inspection list) just say it wasn't apparent during the inspection, but the smell was definitely there, so they must have aired out the place prior to the inspection, and then continued to smoke in there after you left. I'd just get a witness to the smell, and if you have a receipt for an ozone machine rental or service, etc., they really couldn't argue with that.

Re: Initial inspection, etc by Benny on April 24, 2015 @10:53	[ Reply ]

A receipt does not prove damages, only what the landlord spent. A witness would need to appear in court and be qualified as to what the smell was.