Landlord and Tenant Rights and Responsibilities

questions & answers

Question: I rented a house from a realtor and was in the house for over a year and a half and gave her a month and a half notice when I would be moving out. I am a smoker and no where in my lease does it say anything about not smoking in the property, now she is saying it will come out of my deposit whatever it cost her to get rid of the smoke smell. Is this legal?

Answer: If your smoking requires the landlord to expend resources to return the unit to a habitable condition then they are allowed to charge you for that cost.

QUESTIONS

  • I rented a house from a realtor and was in the house for over a year and a half and gave her a month and a half notice when I would be moving out. I am a smoker and no where in my lease does it say anything about not smoking in the property, now she is saying it will come out of my deposit whatever it cost her to get rid of the smoke smell. Is this legal?

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  • State Bar of Arizona
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