Smoking violation : ezLandlordForms

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Silke L

started a topic almost 16 years ago

I have found ash and cigarette stub on the deck of my basement studio, as well as pungent smoke odor crawling up through the vents into my upper floor. Today I have issued verbal warning, showed my tenant the cigarette stubs I found outside the studio, and I will follow up with violation notice from your document libary. What should be my next step if the tenant does not comply? I live in California.

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Donna

said almost 16 years ago

Provided, you have a no smoking clause in your lease; I would think you rcould send the required notice in California for lease violations in order to start eviction.

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Derrick D

said over 7 years ago

Yes you can charge for anything that is necessary. Make sure to document and itemize everything as well as collect pictures. This is a matter to be taken up in small claims court. You can also use the full security as well as seek money for extra work needed to have the house ready for new tenants.

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Lori G

said about 3 years ago

best practice is to collect first months rent and a security deposit which is typically the same amount as the monthly rent. The move out process should include a physical inspection of the property (hey it reeks of cigaratte smoke in here!) Then you itemize the damaged items determining what is normal wear and tear (there are legal guidelines for this) This is where you add up the damage and expense to return in its original condition. You deduct that from the security deposit that you collected and return the rest. If the cost to return it to its orignial condition then you hand the tenant a bill. If they cant or wont pay then you go to small claims court if the dollar amount owed warrants your time, effort and expense.