in this case
- Gary Mullen-Schultz picked up an Avis rental in Sacramento that reeked of marijuana. A sinus condition prevented him from smelling it initially, but a few hours into his drive he noticed the strong odor and drove with windows open for six days.
- When he returned the vehicle and told staff about the smell, they said it would be fine. A week later, Avis sent him a $250 bill for cleaning plus repair of a burn mark he never noticed.
- Avis sent canned replies insisting it had documentation but provided no photos of the alleged cigarette burns. Mullen-Schultz doesn’t smoke, had no passengers, and was a longtime customer, but Avis insisted the charges were valid.
Gary Mullen-Schultz thought he was getting a reliable rental when he picked up a vehicle from Avis in Sacramento. Instead, he got something else — a vehicle that reeked of marijuana. Now Avis wants him to pay $250 to get rid of the smell. Can it do that?
Question
I rented a car from Avis at Sacramento International Airport recently. A few hours into my drive, I noticed it smelled strongly of marijuana. I kept the windows open, but the odor lingered. When I returned the vehicle six days later, I told the staff about it. They said it would be fine.
A week later, I received a $250 bill from Avis for cleaning, plus the repair of a burn mark that I never noticed. I don’t smoke cigarettes or marijuana and was the sole driver. I protested, but Avis insists the charges are valid. What are my rights? — Gary Mullen-Schultz, Minneapolis
Answer
You should never have been given a car in that condition, and you should not have been billed for cleaning it up.
Car rental companies regularly impose steep cleaning fees for smoke, pets, and spills. I don’t have a problem with that when the damage actually happens during your rental. After all, renters agree to accept responsibility for the vehicle when they are renting it.
But there’s a problem: These charges are often subjective. Unless an employee documents the condition of the car before you leave the lot, it’s your word against the company’s when you dispute them. That’s exactly what happened here.
Avis sent you a series of canned replies insisting it had ample documentation. But when I reviewed your correspondence, I didn’t see any convincing proof that you caused the odor or damage. You, on the other hand, have a credible explanation — and a strong record as a longtime customer.
Still, I wanted to be sure this damage didn’t happen on your watch. It turns out you had a sinus condition that prevented you from smelling the marijuana odor when you picked up the car. Otherwise, you would have never accepted it. You also didn’t smoke and didn’t have any other passengers, so it was highly unlikely this happened during your rental.
The rental companies, Avis, Hertz, etc., discourage a detailed inspection before and after picking up the rental. When I ask the agent to inspect the car with me, they generally say do it yourself. When I insist they document any minor damage, they say don’t worry about it. When I demand they put it in the paperwork, they usually give me a form to document on my own. The only company that has been cooperative is Enterprise.
Read more insightful reader feedback. See all comments.
Avis didn’t send you any photos of the alleged cigarette burns, but I think you could have disproven its claim by taking interior shots of the vehicle — the seats, the floors, the dashboard with the odometer. These should be a standard part of your check-in, anyway.
Also, don’t assume that casually telling a rental agent about a problem is enough. Ask the agent to document it in writing. That way, if a charge like this appears later, you’ll have proof.
I really wish car rental companies would follow the lead of Turo, which strongly encourages its renters to take “before” and “after” images of its vehicles and even has a function in its smartphone app to help renters take usable and credible photos of their rentals.
I contacted Avis on your behalf. A few days later, it dropped the $250 cleaning fee.
Remember, cleaning fees can be a profit center for car rental companies, and they are often unfairly applied. If you’re charged for a pre-existing odor or stain, challenge it immediately and escalate if necessary. With persistence — and sometimes with a little advocacy — you can win.
Your voice matters
Gary Mullen-Schultz rented a car that reeked of marijuana, reported it at return, and was told it would be fine. A week later, Avis billed him $250 for cleaning and a burn mark, providing no photos despite his protests.
- Should rental car companies be required to photograph vehicle interiors before and after each rental to prevent fraudulent damage charges?
- Should verbal reports of pre-existing damage to rental agents be legally sufficient to protect customers from later cleaning or repair charges?
- Have you been charged by a rental car company for damage or odors you didn’t cause?
What you’re saying
Readers blamed employees taking joy rides for the marijuana smell, shared their own rental car smell horror stories, and debated whether photographing vehicles should be mandatory or just a waste of vacation time.
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Employees probably smoked the weed
Frank Loncar and Tim blamed employees taking joy rides to move cars or get lunch. Don Shirah swapped a weed-smelling Minot rental immediately. Nigel Appleby asked what happens if cops pull you over in states where weed is illegal.
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They always charge you for something
M.C. Storm hates renting because companies always charge you for something. Debra Beasley was billed for Tampa tolls she never accessed and now rents elsewhere. finance_tony paid a 30-cent toll himself but Enterprise charged a $30 convenience fee six months later.
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Photo requirements would waste vacation time
Howard Schwartz said agents tell him “do it yourself” or “don’t worry about it” when he asks for inspections. Only Enterprise cooperates. Catfrog voted no because consumers shouldn’t waste vacation time taking pictures. Don Shirah always shoots with and without flash after his coworker was wrongly charged.
