Sec Dep withheld due to smoking - Louisiana

[Cajunred50]

In accordance with my lease, I gave 30 day notice 12-01-00. I turned in the keys to the apt on 12-18-00 and left the apt in what I considered to be impecable condition. The law here allows the landlord 30 days to refund security deposit. After several calls to landlord between Jan 16-26, I received a letter dated Jan 28 stating that I was not going to get sec deposit back because I smoked in the apartment and my deposit was used to shampoo carpet, clean drapes and paint which he says cost more than my deposit. There is no restriction or disclosure in my lease agreement which states that the apartment was a smoke-free environment and would forfeit my deposit if I did smoke in the apt during the term of my lease. The landlord does not state in his advertising that it is a smoke-free environment and does not want any smokers? Do I have any legal recourse?

Also, I have a suspicion that this is standard operating procedure which could be grounds for a class action suit by former residents I think. How would I begin to investigate who lived at this address?

The means by which this landlord is withholding security deposits is underhanded to say the least and I hope illegal.

Thanks for your time.

 

[djdj]

well you have your lease, now find the ad in the newspaer where you rented the apartment, the library will have back issues of the local paper,

the sue him in small claims court....i think the landlord is wrong, and will have to document all the out of pocket money he has spent.

 

[LL]

This is an interesting controversy which has also come up here in California. We have laws here which forbid smoking in just about all public places, and there is a lot of talk that they could and should be interpreted as covering rental apartments which will later be rented to other people.

I am personally interested as a landlord, in the idea of forbidding smoking in my apartments, and being able to enforce such rules, so I am watching for developments.

In the meanwhile, I don't know anything at all about Louisiana law, so I can't really help you.

 

[LL]

As a second thought, it occurred to me that the landlord is complaining that you did leave smoke or at least smells behind in the drapes, carpet and paint.

Do you think that this might constitute damage or cleaning expense?

 

[Cajunred50]

Sec Deposit withheld due to smoking-Louisiana

Thanks for your responses.

My "ex" landlord did attach a summary of expenses for reconditioning the "damage caused by smoking". I would not be as upset if he had disclosed his intent for a smoke-free tenant prior to occupancy.. not after I vacated the apartment and it was time to refund the security deposit. I do not object to his preference or personal conviction. We smokers are a blight on society. However, I feel that this should have been a condition of the lease. And, needless to say, I would never have rented the apartment under that restriction. Besides it is my understanding that conditions setforth in the written lease take precedence.

My best friend is currently the Gen Manager for a major developer and is responsible for 9 complexes incorporating approximately 400-500 units (I think). She has been in the leasing business approximately 25 years and thinks this is ludicrous. She has never withheld a security deposit for this type of condition. Typically, apartments are always repainted and carpet shampooed prior to new occupancy regardless.

My intent prior to posting my situation in this forum was to file a claim in small claims court. I just wanted to get an idea of the odds of my success. Your responses have been quite helpful. Thanks again.