Legal Question in Landlord & Tenant Law in Arizona

I rented my house out for 13 weeks and in my lease agreement I specified No Smoking. The person cleaning house after they left states the house smells like they smoked in there constantly. I would like to take recourse against them but don't know if there is a way to prove it. They have damaged the furnishings an interior of the house with their smoke. Is this worth pursuing?

Thank you


Asked on 4/01/10, 2:28 pm

2 Answers from Attorneys

Lance Davidson Lance S. Davidson, P.C.

The cheapest solution would be to deduct the cost of cleaning the smoke out from the security deposit, assuming that hasn't already been refunded in full.

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Answered on 4/06/10, 2:49 pm
Donald Scher Donald T. Scher & Associates, P.C.

You need to get an estimate of the cost of cleaning out the house and the furnishings affected by the smoking. Then, you can deduct that amount from the security deposit (like any other item of damage to the house) or go to small claims court and get a judgment against the tenant. Is it worth pursuing, only you can answer that question.

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Answered on 4/06/10, 4:03 pm


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