Can my landlord bill me for food odor removal?

Get Legal Help Today

 Secured with SHA-256 Encryption

Can my landlord bill me for food odor removal?

We rented an apartment on 10/28/10. We vacated the apartment on 12/04/10 due job issues. We paid the rent and utilities for the stay, security deposit of $150, and settlement fees of $1910 (2 months rent) for breaking the lease. They deducted $95from the security deposit for food odor removal. Can they bill us for this? We stayed only for 1 month and we didn’t cook much; we were never billed for food odor by any of our previous landlords.

Asked on January 13, 2011 under Real Estate Law, Colorado

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

The issue is factual. That is, legally, if a tenant someone caused unusually strong, offensive, stubborn, persistent, etc. food odors, a landlord could likely charge for  the cleaning. Therefore, the issue is factually, did this happen?  You say you did not cook much, but theoretically, one particularly pungent dish could give rise to difficult-to-remove odors. The fact that other landlords may not have charged you for this is neither here nor there--it has no effect or impact. So the issue is two-fold: factually, do you think this happened; and practically, even if you disagree with the landlord, if he pushes for it, is it worth fighting over $95? Only you can decide the answers to those questions. Good luck.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption