cigarette smoke smell

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cgil

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We definitely picked the wrong property management company. We recently had problems with tenants breaking lease and came to a compromise with them instead of going to court because tenant was afraid he would lose his job if it went to court.

Now after the tenants have moved out I detected a slight cigarette smoke smell during the walk thru which we were able to rush to get there for the end of it. I thought it was the property management representative that smelled like smoke and she must have been a heavy smoker. The front door was wide open when we got there and there were air fresheners in various rooms around the house and the carpets had just been cleaned and were still soaking wet. The tenant had been here cleaning that day and probably had the windows open also. After the PM company representative left I commented to my fiance that she must have been a heavy smoker because I could still smell cigarette smoke and our contract had said nonsmokers so it could be in the house. My fiance smelled it too and said he had seen the tenant outside in the car smoking a cigarette right after we pulled up to the house. The next day when we went back to the house the cigarette smoke was very strong. With the door open and the carpets wet and the fresheners it apparently was masked the day before.

I left messages with PM and called again Monday and representative said that they had put down they were nonsmokers on their application. We have a contract with the property management company saying there is a lease restriction of nonsmokers. I have slight asthma and we are both very sensitive to smoke. I called PM again today and now I'm told on their application they put down that they are smokers. The representative said that the owner had told us they were smokers and he absolutely did not because we would never had agreed to that because that is why we put it in the contract with them when we signed. They said they have a solution. The owner has an air purifier that they want to put in the house for a week and then they said that the smell would be gone. From my research on the web, it doesn't seem like it is going to be that easy to get rid of it. The representative and owner of PM company is going to meet with us tomorrow to see how much of a cigarette smell there is and to look at some yellow possibly urine stains on carpet. . I'm guessing that they are going to downplay it. I'm afraid that the air purifier is going to temporarily mask the smell then it will come back. We have no idea what we need to do, does anyone have any experience or advice? Do we somehow hire someone to come out and verify the cigarette smell in case we can't get rid of it and it affects our health? I think we need to do something before the air purifier so they can see how strong the smell is but we're not sure what to do. We have a contract with PM saying only nonsmokers and they leased to a smoker so it looks like it is the PM that is at fault, not the tenants.

Thanks for any and all advice. Oh, I do have a call into a lawyer and am waiting for a call back.
 
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