Question 1

Can my landlord charge me for smoke damage to the apartment?

Accepted Answer

Yes. Smoke damage — including wall discoloration, lingering odor, HVAC contamination, and nicotine residue — is chargeable in virtually all states. This is true whether there is a no-smoking clause in the lease or not, as long as the smoking caused damage beyond what normal cleaning would address. Smoke damage is not considered normal wear and tear.

Question 2

Does a no-smoking lease clause affect my security deposit?

Accepted Answer

A no-smoking clause strengthens the landlord's position but is not strictly required for a smoke damage deduction. With a no-smoking clause, the landlord has a clear lease violation in addition to the damage claim. Without one, the landlord can still charge for actual damage caused by smoking — they just need to document the specific damage and remediation costs.

Question 3

Can a landlord charge for cannabis smoke damage?

Accepted Answer

Yes. Cannabis smoke causes the same physical damage as tobacco smoke — wall discoloration, odor absorption into surfaces, and HVAC contamination. Lease clauses prohibiting 'smoking' generally apply to cannabis as well as tobacco, even in states where cannabis is legal. Legal cannabis use does not create a right to smoke indoors in a rental.

Question 4

What are typical smoke damage remediation costs?

Accepted Answer

Common remediation costs include ozone treatment ($200-600), odor-blocking primer and repainting ($500-2,000+ depending on unit size), carpet replacement if odor has absorbed into padding ($500-3,000+), HVAC cleaning ($200-500), and cleaning of all hard surfaces. For heavy smoking, total remediation can exceed $5,000. These costs are generally upheld by courts when properly documented.

Can My Landlord Charge Me for Smoke Damage? Yes — Here's Why