Randall Lee returns a rental car to Avis after a 7-hour rental during which he only drove 57 miles — only to receive a $450 cleaning fee a week later for a “heavy smoke smell.” But hang on. Neither Lee nor his wife smoke. Can he get a refund? 

Question

I rented a car from Avis for a quick 7-hour trip between California airports. I returned the vehicle clean, with no odors or damage. 

A week later, I received a $450 cleaning fee for a “heavy smoke smell” — even though neither I nor my wife smoke. 

The company’s “proof” included photos of dust and a form dated three days after my return, with a mileage reading one mile higher than at drop-off. 

I fought the charge, sent time-stamped security footage of the car sitting unused in my driveway, and escalated to the executives, but Avis still charged my card. How can a company bill me for damage that didn’t happen? And how do I make this right? — Randall Lee, Los Gatos, Calif.

Answer

Avis should have inspected the vehicle immediately upon return and notified you of any issues right away. Anything could have happened in the three days between dropping off the car and inspection. Although California’s Civil Code Section 1936 doesn’t require rental companies to provide detailed invoices for post-return charges, it strictly regulates how charges must be calculated, disclosed, and justified. If you dispute a charge, the burden is on the rental company to prove its validity through itemized documentation.

You did almost everything right: You kept records, challenged the discrepancy, and contacted executives. For future rentals, take “before” and “after” photos of your car, including photos of the interior, odometer, fuel gauge, license plate, and VIN placard. Paper trails are critical, and yours made this case winnable. (Here’s our best guide to renting a car.)

Of course, there’s no way to document a strong smoke smell with an image. And there’s no way to quickly and objectively verify that you didn’t smoke in the car or that one of your passengers didn’t smoke. But in my experience resolving hundreds of rental car smoke cases, smokers are usually pretty honest about their habits. You were a careful renter, and it looks like you were being charged for something you didn’t do. There were also the time and mileage discrepancies, which were problematic.

I see you also appealed this case to an Avis executive (I list the names, numbers and email addresses of the Avis executives on my consumer advocacy site, elliott.org). A manager should have reviewed your case and fixed it.

My advice? Document every scratch, smell, and mile on your rental car. If you catch even a whiff of impropriety, say something immediately. Don’t wait for the car rental company to write it up, because at a time when car rental companies are monetizing everything, it probably will.

I thought Avis should take another look at this claim, given the inconsistencies in its files and the fact that you don’t smoke. Avis agreed to reopen your case, and it refunded the $450 it had charged for your car.