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J. Warren
J. Warren, Lawyer
Category: Real Estate Law
Satisfied Customers: 2247
Experience:  Experience in residential real estate and commercial leases.
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Had tenant in house they smoken - had to pay $2k to fix.

Customer Question

hi - had tenant in house they smoken - had to pay $2k to fix. we went to court, house was cleane that's all the judge heard and forgot the fact the house smelt bad (we have witness) and had to paint - is it worth going back to court? we had this in our lease agreement.
ask if this clause covers no smoking in house
(was on mls, renters claim they did not smoke inside house but they only did outside)
In lease agreement there is a clause page 4
20. ALTERATIONS: Tenant shall make no alterations to the Premises without LANDLORD"s written consent. All alterations or improvements made to the Premises, shall, unless otherwise provided by written agreement between parties hereto, become the property of landlord and shall remain upon the premises and shall constitute a fixture permanently affixed to the premises. In the even of any alterations, tenant shall be responsible for restoring the Premises to its original condition if requested by landlord.
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  J. Warren replied 1 year ago.
Hello and welcome to JustAnswer. Please note:This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.I appreciate your frustration and anger over a smoker in a rental house. It would be a very big stretch to convince judge that the provision covers non-smoking on/in the premises. There are no cases which set precedent that "alterations" incorporate smoke remediation. That doesn't mean a judge could not be convinced it just means that the case law is not in your favor and the other side will argue "alterations" are structural or fixtures in nature only. Here is a link to a lease agreement with a pretty good No Smoking provision that defines the damages and penalties that can be sought for if a violation or if there is any odor remaining after lease termination (It is Paragraph 31): you for allowing me to help you with your questions. I apologize that this was probably not the Answer you were hoping to receive. However, it would be unfair to you and unprofessional of me were I to provide you with anything less than truthful and honest information. I hope you understand. I have done my best to provide information which fully addresses your question. If you have any follow up questions, please ask! If I have fully answered your question(s) to your satisfaction, I would appreciate you rating my service as OK, Good or Excellent (3 stars or more). I thank you in advance for taking the time to provide me a positive rating! If you are on a mobile device, you may need to scroll to the right.
Expert:  J. Warren replied 1 year ago.
Can I answer any additional follow up questions for you or clarify anything I have written above? If not, can you please press a positive rating above this message box in the ratings section so I will be paid for my time assisting you on this matter? Pressing a positive rating will not cost any additional money - it is simply the trigger used by Just Answer to pay me for my time (pressing the middle star or the fourth or fifth star on the right are all positive rating buttons).