when i made a renters lease i put no smoking in the house, but they smoked any way can they lose there depoist

Answer 1

Depends on the city in which you live and the agreement governing the tenancy.
If you incur a fee for cleaning or otherwise curing the smoke damage (is there really damage?) then you may be able to deduct the fee from the deposit.
(Yes, I am licensed to give legal advice.)

Answer 2

I also have in my lease that if they break the contract (lease) they forfeit the deposit. If someone smokes in a no smoking house, everything has to be cleaned, painted, shampooed and that should easily eat up the deposit. Plus once I had to pick up, I'll bet, 10,000 cigarette butts thrown all over the yard. People who smoke have no idea about the mess they make and believe they have the right to smoke and make the mess and, of course, leave it for the landlord. They have the ability to look right over all the butts and can't smell the stale smell of smoke that has permeated the apartment. They can be evicted for breaking the lease plus have to pay damages. . .

Answer 3

Check your contract and your state law regarding security deposits. In Texas, if "no smoking" was part of the lease agreement, they most certainly can lose their deposit. Just had this happen on a lease property and I kept all their deposit. Unfortunately, it cost me about 3K more to put in new carpet and complete paint and deodorize the entire house, so I still lost money.

Answer 4

The deposit is not a punishment for violating terms of the lease. If you had damages because of the smoking that you wouldn't have had otherwise, then yes, you could apply the deposit to the damages.

Maybe dry cleaning of drapes that might not have been necessary otherwise would be a possibility.

Answer 5

if they signed the lease, which stated no smoking, and you have absolute proof, then you probably can keep the deposit.