In WA can a landlord withhold a deposit because the tenant smoked in the apartment ?

Question

My landlord is trying to claim "smoke damage" for the odor of smoking in the apartment I vacated. Since there was nothing in the lease designating it as "non-smoking" I maintain that this is not damage, but normal wear and tear.

Answer 1

If the lease did not specfically state that the unit you lived in during your tenancy was to be "Non-Smoking", it will be very difficult for your landlord to win in Small Claims Court.

A good idea would be to present him with a copy of the contract, point this out to him, and request that he return your damage deposit as soon as possible (like 7 business days in most states) or threaten to sue him for your damage deposit back.