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RealEstateAnswer
RealEstateAnswer, Lawyer
Category: Real Estate Law
Satisfied Customers: 23972
Experience:  9+ years in handling Leases, Landlord-Tenant, Foreclosures,Mortgages, and Eviction cases
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Tenant was smoking in my rental - they have taken me to

Customer Question

tenant was smoking in my rental - they have taken me to small claims (las vegas nv)
its 2k of deposit - we had to repaint and clean up and have confirmation from realtors that it smelled and that turned people off
They smoked in the house, they claim they did not. I got whole house painted to have smell removed which took 75% of the deposit as well as a few repairs which ended up they actually owe us money. We did not ask for what they owe but they brought us to civil court mediation.
I'm planning to bring these:
1. Signed letters from 2-3 vendors who worked on the house.
2. Signed letter from realtor friend who smelled the smoke.
3. Receipt from painting
4. Other receipts - bulbs, cleaning solutions, refrigerator repair receipt
5. Pictures
6. Lease agreement
7. bringing hubby who smelled smoke :)
Are signed letters enough since I can't ask these people to take time off work and be witnesses.
I was told we go mediation first, then if we can't agree, we go to court - do I need a lawyer
Submitted: 8 months ago.
Category: Real Estate Law
Expert:  RealEstateAnswer replied 8 months ago.

Good evening. No, you do not need an attorney and can handle this on your own, if you want. The goal is to present evidence and convince the Judge, that there was smoking in the rental and it was not allowed and as a result, they breached the lease and you incurred the costs to remove the smell. Evidence can be in the form on your own testimony and that of others who were present in the rental and could smell it as well. The Judge may not allow or the party may object, if you try and introduce a letter, since you can not cross examine that person or even verify their identity. You can bring all those things but be prepared for some push back unless the letter are from professionals who clearly identify in their report the presence of smoke.

Expert:  RealEstateAnswer replied 8 months ago.

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