If an apartment complex doesn't have a no smoking policy, can you legally smoke?

Question

I have been in the same apartment for 7 1/2 years and there has never been a no smoking policy and still isn't. Now I am moving and they want to charge me an arm and a leg to change all of the blinds, detox the place, and for the paint. There was no damage whatsoever and I left the place as clean as possible after 7 years. As far as I'm concerned, if there is no policy, I consider this wear and tear. My new place does have a no smoking policy and I'm glad, because it is nasty and gets into and onto everything. BUT, if you have the right to smoke in an apartment, how can they turn around and charge you for what they know is going to be the result?

Answer 1

If there was no rule in your lease about smoking, then their costs for what you described are normal wear and tear. They cannot charge you for it.

Answer 2

Make the landlord take you to court for the money. The landlord will have the burden to prove that the damage is more than wear and tear. After 7 years, I don't think that a fresh cote of paint and some blinds is out of the ordinary but I am not a Judge. I know someone who lost part of their security deposit due to damage caused by cigs burning holes in the flooring. If you took have pictures of the apartment when you left it, keep those in case you need them. Sit back and wait to be sued. Only a judge can order you to pay, the landlord can only ask.

Answer 3

I don't know about your state, but in Texas, they technically cannot charge for normal wear and tear, but they do anyway. You have to fight it if they charge you. They charge you because usually people do not fight it. But, I doubt it's the smoking that's the issue. It's you being there for 7 years. If you have an apartment association in your area, look up the laws for apartment complexes.

Answer 4

I talked to my wife about this. She is in real estate. Damage from smoking is considered normal wear and tear in most situations. As long as there are no burns or holes related from smoking there should be no argument. Take a lot of pictures when you have the place empty of your belongings just in case your land lord tries to charge you for damage

Answer 5

Some apartment managers will ask you to pay an extra month's rent before you move in, as a "damage deposit". Then when you move out, if there are any repairs or major cleaning to be done, it is taken out of that extra month's rent. Or if everything is in ship shape, that money is refunded to you. Apparently, there was no damage deposit collected when you moved in, so your landlord can legally charge you for repair or replacement of furnishings that have been irreparably soiled or compromised by smoking or whatever....

Answer 6

This sounds like a basic cleaning deposit Catch 22. In most places, they get to define what 'back to the original status' is, and we've usually got to take it.

Read your contract or agreement and see how they define things. It might give you some rights in the situation.

Answer 7

This is a ploy of many apartments. They want to screw you out of every little penny they can. They hit me with it too once. They said they had to clean out the oven and put all new guards under the burners. I had just changed the guards under the burners but I never used the oven, not even once but they still charged me for it.

Answer 8

It is a fatality to be borne a smoker these days.
I was a heavy smoker in the 1970's and 1980's, I confess.
Nowadays my daughters threat me with eternal doom if I even think on smoking again. No, no, no, please do not smoke in our apartment complex - or my people will think it's me !!!

Answer 9

Smoke on the Patio