Withheld Deposit

[SP Swing]

I sublet a condo for 2.5 months this summer. The lease did not state anything about smoking. The owner kept my entire deposit claiming he had to replace all the cushions and covers on all the furniture due to the odor. The furniture was flea market stuff anyway. I have never lost a penny of a deposit before because I always leave the place cleaner than I find it. Is this legal?

 

[George]

Probably not. Take him to small claims court if you feel it is worth the time and effort.

 

[LorettaL]

I agree with George. A security deposit is only suposed to be used if the tenant does damage to the premises that go beyond normal wear and tear. So usually the landlord is not allowed to charge for things such as painting or deep rug cleaning. I think the smell of cigarette smoke falls into this category. I would write a strongly worded demand letter to the landlord telling him of your intent to sue for the return of your security deposit plus attorney fees unless he returns the security deposit within a short period of time (say how long). I bet you'll get back the deposit very quickly.