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should I go after tenant for damages?

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ynbjsc

Junior Member
What is the name of your state? Hawaii

non suspecting landlord didn't put in no smoking in the contract. But, when the apt. was handed to tenant, it was squeaky clean. It's beautiful and it smelt gogeous with paintings, mirrors, flowers, candles and soaps..... . Now it's forever contaminated with cigarette smoke, even after repeated chemical cleaning on evey dimension and surfaces. The unit was like gas chamber to sensitive non smoker like me. I had severe soar throat and strong unwell disoriented feeling and I had to wear mask to get in. LL sent T letter regarding the deposit and demand of about $1300 owed. so far, not a single dime from tenant. I don't know whether it's wise to go after the tenant who always paid on time though. Any advice? anybody has experience or hear of how small claim court work? Would it be impossible to prove the necessity for the cleaning with just pictures of nicotine tartar buildup on some surface visible to the eyes? Thanks for your input
 
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Who's Liable?

Senior Member
What is the name of your state? Hawaii

I used to adore this couple who always pay on time, who always appeared very gentleman like; warm helpful courteous. We keep it in mind and every time they request something done, we did it in a heart beat.

He made the impression that they lived very healthy clean high class style. He's general manager of a big retail chain. all personal references were doctors. He got glorious reference from his previous property manager/friend. He told me that they were going to stay for a long time in the lovely place. We moved whole bunch of stuff from this furished aprtment from time to time incl. big pieces of furniture. we always got stoage and accomadated them even though it's a pain to move things in and out of the building with very long narrow curvy hallway. The building also has rules like moving time register to use different elevator parking etc. One month before they moved out when they told us again they were going to stay for a long time as long as we move more furniture including the bed, the curtain... but we told them to put big light/chaderlier they took down in the storage we clear up for them earlier. It had to be some shock to see other side of at least the wife who went away from him for months if not years, she smelt strong alchohol, w/blood shooting eyes, complaining constantly. when I told her she could change the color of the whole place to white to make herself happy, but she had to change it back when she moved out depending on how long they were going to stay. Because we just replace the white color every room bottom to ceiling to match the new bamboo floor, all furniture, cabinet and all deco go with the the new color. She began to threw tantrum and pilled some of the paint away here and there. Although I was not happy, I gave her my sympathy ears and benefit of doubt.

When I did the final check up, the aprtment appear very nice and they stayed there to chat with me for a long time. Then I found more and more problems after they left, most importantly, a few hours cleaning the detergent soaked (dried and sticky) and finish damaged furniture, I got a severe sore throat from the cigarate smoke residue, it's obvious in the bathroom without window, you can see nicotine tar on the white silver metal surface like frig, dead roaches around (fumigated eventually over 200 came out in the studio) floor also dangerously slippery when wet with tons of dry detergent (bubble came out like the furniture when washed). The scene of place that you don't see easily made my die hard stomach so sick I couldn't eat from time to time-- 1 foot long clums of hair with other stuff inside the bathroom sink, vomit like stuff inside shower door track, roach dropping inside every cabinet, black grease underneath frig, 1" think dust (not kidding) window track, dark color rugs they hid behind the washer filled with black grease and cigarette burned holes, new bedding they put in trash bag filled with gut wrenching dried body fluid drove me insane... both of them yelled the heck out of me when I confronted them they smoke heavily inside the unit and I would try the least expensive way to get rid of the smoke residue I might have to paint the whole place and I would refund them the deposit if there was any left. in the end, every single demantion and surface of all fixture, furniture anything was washed with baking soda + other stuff as well as the sticky floor for god knows how many times until I didn't detect much smell and my throat didn't act up with my mask down for hours before I allowed anybody to get in the apartment. with that much labor intensive work, they still owed about $1300 after their deposit.

I didn't specifically put in no smoking in the contract I guess people have the sense not to smoke inside, even low income junk area heavy smoker tenant didn't do that. They handled themselve cover up so well i didn't have slightest impression that they drink and smoke that much(mistake, never judge a book by the cover again). When they moved in it was squeaky clean lick everywhere you like, it smelt gogeous it's beautiful with paintings, mirrors, flowers, candles and soaps..... now it's forever contaminated. I sent them letter regarding the deposit and the amout they owed. so far, not a single dime from them. I don't know whether it's wise to go after them. any advice? sorry it came out so long
too long...
 

ecmst12

Senior Member
No need to start a new thread. Post your short version right here. Though I would advise you put a hold on your small business endeavors until you can learn to speak/write in coherent sentences.
 

ynbjsc

Junior Member
No need to start a new thread. Post your short version right here. Though I would advise you put a hold on your small business endeavors until you can learn to speak/write in coherent sentences.
alright, I'll see whether I can do editting of first message. I am new to the forum. I already apologized after Who's Liable pointed out it's too long. I appreciate the input. This is a LT forum, not writing skill competition. I am sure you get the idea. People have different focus at times. I thought it a forum to help. I don't know why you think you are entitled to slam people like that esp. when you have nothing useful nor nice to say to the other person. Please don't bother any more if the spirit is "tear down" not "lift up" there's not many things more important than positive energy to a person.
 

acmb05

Senior Member
alright, I'll see whether I can do editting of first message. I am new to the forum. I already apologized after Who's Liable pointed out it's too long. I appreciate the input. This is a LT forum, not writing skill competition. I am sure you get the idea. People have different focus at times. I thought it a forum to help. I don't know why you think you are entitled to slam people like that esp. when you have nothing useful nor nice to say to the other person. Please don't bother any more if the spirit is "tear down" not "lift up" there's not many things more important than positive energy to a person.
Well in all fairness to ecmst12, your post is extremely hard to read and understand.

Only you know if it is worth it to go after them. You would have to take them to small claims with all your proof showing what was wrong with the place.

So if you think it is worth your time and energy to sue them then go for it.
 

ecmst12

Senior Member
Let me put it this way - if your lease is as hard to understand as your posts, a judge may not even recognize it as a legal document! Not to mention the complaint you will need to file with the court.
 

Alaska landlord

Senior Member
Ignore the critique on your grammar. People here can be quite anal.

Cigarette smoke is damage and if you provide pictures and can prove your claim you should be able to collect at least something for your effort. I had a tenant that did the same to me. I just told him right out that there will not be a deposit forthcoming. I had to air out the unit, have the wall wiped clean and use a bomb product to clear the unit.
 

ynbjsc

Junior Member
I really appreciate it Alaska Landlord. People like you always make other people's day. We tried all different kind of spray. And the guy we hire to clean up filled the whole space with spray specifically for cigarette smoke from the biggest chemical store in town. We lock everything up and waited for 2 days. Still didn't work. I'd like to paint the whole place upside down eventually.

Well, I don't worry about the lease nor the complaint letter. I use the most updated version of standard residential rental agreement. When you are working on something very important, esp. legal document, you'd spend hours to check on your own writing from different angles instead of rushing it through. Thanks for you input though, ecmst12.
 

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