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Smoke Damage by tennant?

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paul2037

Junior Member
What is the name of your state? NJ

I am selling a rental unit I have and I just went in it the other day. My last visit to it was about three months ago after informing the tenant of my intention to sell it.

At that time the condo was in very good shape. Did not smell like smoke and looked pretty good. Now it is in really bad condition from smoke damage from candles and cigarettes. So much damage I can't believe it's the same place.

Now I know painting will fix the walls, but the kitchen cabinets that were white are now yellow and look really bad. As well as all the white appliances in the kitchen and all the trim and the ceiling fans and carpets. One window frame even has burn marks on it. Can I charge the tenant for smoke damage? And how do I come to a figure.
If I can charge for damage to things like cabinets and appliances.

I am going to have to replace all the carpets and paint the entire place. Which I figure could be called normal wear and tear so that is not that big of a deal but the yellow stains to all the other items in the house like ceiling fans and plastic appliances is significant and if i cant get it out it will definitly reduce the value of my property. I never had a problem with this tennant who rented from me for several years, but she was not happy about my decision to sell the unit because she had to move.

Paul
 


treese

Senior Member
Now it is in really bad condition from smoke damage from candles and cigarettes. So much damage I can't believe it's the same place.
Smoke and soot on the walls, ceilings, cabinets and such is damage - not normal wear and tear.

Now I know painting will fix the walls, but the kitchen cabinets that were white are now yellow and look really bad. As well as all the white appliances in the kitchen and all the trim and the ceiling fans and carpets. One window frame even has burn marks on it. Can I charge the tenant for smoke damage?
Yes. Though I may not charge for painting, depending on how long the tenant has resided at the property, I would charge for washing down the walls prior to painting. You should not paint over smoke and soot on the walls. Ceilings that are painted in a flat finish can be impossible to wash down, so you may have to use one coat of a primer/sealer before painting at the tenant's cost.

And how do I come to a figure.
If I can charge for damage to things like cabinets and appliances.
Some states do not allow a LL to charge for their own time spent cleaning, painting etc ...
If you are going to clean it up yourself, charge for all the materials and cleaning supplies that you must purchase in order to do so.

Your best bet would be to hire a cleaning service and charge the tenant whatever it costs.
 

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