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Noticed that my tenants son smokes marijuana in his bedroom. The bedroom door is always closed. You can smell it downstairs as you walk in the front door.
Went there last friday wth ServrPro and was having the guy check the other radiators for leaks and man the room reeked of pot. it can be smelled all pstairs where the kids sleep. That's going to stay in the carpet.
Althought i didn't put a clause in the lease about drug, to me that is not normal wear and tear. The $$ it is going to cost me to get rid of that smell.
I'm sure it is not medicinal but still not wear and tear. The carpet most likely will have to be ripped and replced and they are nice carpets too. Not to mention what else needs to be done to get that awful smell out.
But come on even if i didnt include a clause, Would thatbe considered normal wear and tear?
The stink of pot
or curry, or BO, or cigarette smoke or number of other noxious odors. The question you have to ask yourself is " Will the judge agree with me on this?" If you think a judge would side with you, go ahead and charge for damages and state your case in court.
Personally, I think it is wear and tear unless there are burn marks, holes or actual damage. A good scrubbing usually takes care of the problem.
But come on even if i didnt include a clause, Would thatbe considered normal wear and tear?
The stink of pot
It's treated exactly the same as the residual odor of cigarette smoke. If you don't have a no smoking clause in your lease you have no grounds to charge for cleaning because of odor. In any event, the odor of marijuana doesn't "stick" anywhere near as much to fabrics as does cigarette smoke and when your tenants leave you probably won't notice any remaining odor at all.
It's treated exactly the same as the residual odor of cigarette smoke. If you don't have a no smoking clause in your lease you have no grounds to charge for cleaning because of odor. In any event, the odor of marijuana doesn't "stick" anywhere near as much to fabrics as does cigarette smoke and when your tenants leave you probably won't notice any remaining odor at all.
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