Landlord withholding security deposit for "smoking" inside

[Susan Cochran]

My landlord is withholding my security deposit cause he says i smoked in rental.plus $2500 for painting. Can he do this? I am a smoker but I only smoked outside and garage by the doorways,never in house. No where in leases does it state no smoking. We did our final walk through and he says all looks good except he smells smoke.mind you i just finished a cigarette in the garage while he was present. He never spoke a word to us till 30 days later when he should of been returning my deposit then he wants to blow up my phone. He states he can't rent or sell property due to smoke smell..I doubt that.the house was built in 1951.there are numerous cracks in ceiling from house settling, wood floors need redone plus two round stains from kerosene heaters from last tenants,the bathroom is original pink tiles, kitchen cupboards falling off walls,leaking roof,leaked prior in spare room was patched and never painted, the whole house is a fixed upper.I think he's trying to pass the buck onto me so he can repair to sell, not due to smoke smell.Can I take him to court for my refund or will be win.I live in virginia