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  1. #1
    Join Date
    Sep 2016
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    13,916

    Default Can You Recover Expenses for Living Elsewhere While You Clean Your New Apartment

    A tenant moved into a rental unit in Florida. The former tenant had been a smoker, and the landlord was supposed to clean the apartment before the tenants moved in. The tenants cleaned every surface of the apartment during the early weeks of their tenancy but couldn't get rid of the smoke smell. Finally, after about three months, they rented an ozone machine to run in the apartment, and had to move into a hotel for several days while they ran the machine. Can they recover any of the hotel costs or ozone machine rental from their landlord?

  2. #2
    Join Date
    Sep 2005
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    Behind a Desk
    Posts
    98,846

    Default Re: Can You Recover Expenses for Living Elsewhere While You Clean Your New Apartment

    Unless the landlord agreed to pay those expenses, they will not recover from the landlord. If they were not satisfied with the condition of the apartment on their move-in date, they should have instructed the landlord about their problems with its condition and made arrangements for proper cleaning before taking possession. While any nonsmoker is likely to sympathize with you, as the smell of a "clean" apartment that has been occupied by a heavy smoker can be quite awful, the residual smell in a clean apartment is not going to constitute a violation of the warranty of habitability.

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