I live in the house with my kids and rent out some rooms. I don’t want smokers anywhere near my kids. Nor do I want to have to take care of the stench that is seeping into the walls and carpets.
Contract specifically states “No smoking on the property” The property includes every square inch of the County legal description. Tenants are moving out in 1 week, and have started smoking in the house, garage and front porch for the past several days. Is there anything I can do about them lighting up the last week before move out?
Hi,
You could always get an attorney, go to court and ask for a restraining order and have it served on your renter! However it is unlikely you could get an attorney, prepare a brief and request for restraining order and get it in front of a judge in 7 days, and this idea takes thousands of dollars to pay cost's and expenses upfront!
So take a little video and some still photo’s and get some adult witnesses with good reputations and have them over to witness the tenants actions, document the day, date, time and location the tenant smokes at and keep all records and documents!
Then when tenant moves out, keep track of every hour, every cleaning item, every reciept and then file in small claims court against the tenant for damages! If you have a clear agreement there would be no smoking and it was spelled out and signed you should have little problem getting the tenant for damages, and the cost is very inexpensive as the tenant could always declare bankruptcy if he is hit with your judgement.
However, there is a good chance you will get to garnish his pay to get him to pay the judgement.
Good luck,
GR
Inform the tenants that if they smoke inside the house that they will be charged for the materials and labor to remove the tobacco smell, and that sometimes comes up to a pretty high amount; carpet cleaning, wall scrubbing, heating vents professionally cleaned, etc.
They are breaking the rules because they don’t need you any more. Let them know it is going to hit them in the pocket book and they will likely stop.
My advice? It’s a week. They’ve already been smoking in there and probably know they aren’t getting their deposit back. They also probably know you are not likely to go after them for damages unless there is a substantial amount of damages.
I would sit tight and try to keep them as happy as possible to avoid them messing the place up at move out. It’s a week…