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Updated almost 8 years ago,

User Stats

40
Posts
7
Votes
James Defazio
  • Rental Property Investor
  • Huron, OH
7
Votes |
40
Posts

Can I keep the security deposit in full?

James Defazio
  • Rental Property Investor
  • Huron, OH
Posted

When I bought this house with a mother in law suite I inherited a renter in the little attached unit. Since she was section 8 housing (which was an absolute nightmare to set up) we immediately signed a new lease which was my lease. It has a clause about absolutely no smoking in the house in it very clearly. Apparently, under her old lease there was no such clause. She must not have read the lease all the way through because I caught her family members taking lit cigs into the place and called her to remind her there is no smoking in the house per our lease agreement. She told me that she didn't think the lease changed that much but that she also "occasionally" smoked in the house. She has been living there now 4 years total so I am convinced I am going to have major cleaning, painting, and replacing things to get the stink out. She elected to notify me per section 8 that she will be moving out and I gladly accepted that since I knew she was doing damage to the property. The form I had to sign for section 8 said it was mutually beneficial for both of us to forego the rest of the lease, so I cannot charge her for breaking the lease. So my question is, since she broke the terms of the lease due to smoking in a non-smoking contract can I keep the entire deposit since I am sure it will cost me more than the $550 deposit to clean up the smell? Thank so you guys! The house is In Ohio 

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