Q: We have a strict no smoking policy on our written agreement, stating no smoking in or around the vacation rental home. A large group stayed in our home and cigarette butts and packages were found in and around the home and the home was left a mess with the back sliders wide open. The home smelled like tar and nicotine. We chose to rent only to those that need or want to be in a non-smoking environment for health reasons. We take a damage deposit of $500.00 and up to now have refunded every bit of it to our second home guests. What is our recourse to prevent this from happening again, and is it appropriate to keep the security deposit?

A: Sounds like you just had some rotten egg renters. But for the future, you can be sure to post on your contact, in your directions and inside the unit that this is absolutely non-smoking. Recently I stayed in a Marriott and they had signs in the room and in the bathroom that touted the smoke free zone as well as a clear message that there will be a $300 fee for evidence of smoking in the room. http://www.marriott.com/marriott.mi?page=smokefree.

I think the bit about not allowing people to smoke outside of your vacation home might seem a bit extreme and very difficult to police. If you truly wish to stop people from smoking outside, you must be sure to tell them in all forms of your communications including via the phone.

As far as keeping the damage/security deposit, you can only keep the amount that it costs you to clean the property. So if it costs $200 to steam clean the carpets and upholstery and $100 for your housekeeper';s time, you can only charge your renters $300.

To help prevent future occurrences, you can stipulate in your rental agreement that a $200 (or whatever amount you deem reasonable) FINE will be charged to the renters if there is any evidence of smoking inside or outside of the property.

How do you enforce a no-smoking policy in your vacation rental home? "In my rental contract it states that any evidence of smoking inside or outside the home will incur a $250 fine. So far, it's worked for me." - Abigail G., San Diego, CA.

The Top Ten Things You Should Have In Your Vacation Rental Rules A good rental policy can go a long way toward protecting you and your renters from common vacation rental “disasters."   Checklist for Responding to Vacation Rental Inquiries Be sure your email includes all the necessary information before clicking send.   How to Handle Inquiries from Bargain Hunters Thanks in part to increasing gas prices and food costs, many of you may be getting more inquiries from bargain hunters than in past years.   How to Screen Your Vacation Rental Guests What questions should you ask potential guests before accepting their booking?

© Copyright, Christine Karpinski 2006, Updated 10/2/08