Although a rental relationship can be beneficial for both landlords and tenants, there are also risks involved for everyone. Tenants might be at risk of losing their place to live when the property changes ownership or when they experience financial hardship. Landlords accept the risk that their tenants could fail to pay their rent or could do real damage to the property that they own and lease to others.
New York rental laws permit landlords to require security deposits to minimize the risk of losses. Those funds paid by the tenant can help landlords recoup unpaid rent or address property damage costs. For example, oftentimes, residential leases include provisions that prohibit smoking inside a unit.
Could a New York landlord with a no-smoking rule retain someone’s security deposit over smoke damage inside a rental home or unit?
Smoke damage remediation can be very expensive
Cigarette smoke leaves a dingy film on walls, carpets and ceilings. It slowly accumulates over time, creating an unsightly coating that is difficult to remove. It can also potentially pose health hazards for the next tenants, especially if a new tenant is medically fragile. Landlords might also struggle to justify charging market-rate rent for a unit with noticeable smoke damage.
Therefore, addressing the smoke damage after a tenant moves out is often a top priority. The length of the tenant’s stay at the property, the size of the property and the frequency of the tobacco use could all affect the extent of the smoke damage inside the unit. Smoke remediation can cost anywhere from a few hundred dollars to thousands of dollars in different situations.
Landlords who document the smoke damage to the unit can send notice as required by New York state law to tenants about their intention to retain some or all of the security deposit. They might even be able to take a tenant to court if the security deposit is too low to fully cover the cost of addressing the smoke damage to the unit.
Maintaining thorough records can be of the utmost importance for landlords who are trying to protect themselves from financial losses due to damaging or lease-violating tenant activity. Those who are familiar with New York’s rules about security deposits may have an easier time using those funds to address damage to a rental unit.
