Witholding Security Deposit - Smoke Damage

[Janae Aasen]

Hi,

This forum has been extremely helpful in navigating the world of investing and property management. I am still new at this (a little over a year with 12 units as owner and manager). That being said, I would appreciate any thoughts on my situation... 

I inherited a tenant who had smoked in his unit for close to 17 years. Shortly before I purchased the property, the previous owner replaced the carpet and carpet pad in the tenant's unit. When it was time for him to sign my lease which includes NO SMOKING, he decided to move. I deducting the deep cleaning of the carpet from his security deposit as I did not consider this to be normal wear and tear. He has responded disputing the charges stating that I knew about the smoking when purchasing the property and thus smoking was considered his normal conduct of habitation in his unit.

After further research through the Bigger Pockets forum and Michigan Landlord Tenant Law, there appears to be no set rule around this issue. Is it worth standing my ground?

Thank for your thoughts!

[Fred Heller]

He has a point. If he was allowed to smoke in the unit for 17 years, it's reasonable to think that smoke smell would be a by-product of the behavior.