Landlord Can Deduct Cost of Cleaning Smoke Residue

December 1, 1999

LVT Number: 13755

Former tenant sued landlord for refund of her $375 security deposit. Landlord claimed that it paid $455 to clean the apartment after tenant moved out. Landlord said that heavy cleaning was needed because of smoke residue embedded in the walls, woodwork, carpets, and other surfaces. Tenant was a heavy smoker. The court ruled for landlord. Although landlord didn't specifically prohibit smoking in the apartment, tenant's lease required her to take reasonable care of the apartment to prevent health problems from arising.

Former tenant sued landlord for refund of her $375 security deposit. Landlord claimed that it paid $455 to clean the apartment after tenant moved out. Landlord said that heavy cleaning was needed because of smoke residue embedded in the walls, woodwork, carpets, and other surfaces. Tenant was a heavy smoker. The court ruled for landlord. Although landlord didn't specifically prohibit smoking in the apartment, tenant's lease required her to take reasonable care of the apartment to prevent health problems from arising. Tenant wasn't entitled to a security deposit refund and must pay landlord the full cost of the cleaning.

McCormick v. Moran: NYLJ, p. 35, col. 3 (11/24/99) (City Ct. Watertown; Harberson, J)

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