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

[Account Closed]

How much was your security deposit?

     Honestly if you smoke you can’t smell how much it stinks up your home and clothes and everything.  

     Last person I had that smoked in my property (FYI inside the garage is inside) I charged them over 1,800 on top of the 600 dollar security deposit  to make the unit how it was before they moved in. 

     The security deposit is to make the unit identical to how it was the day you moved in.  If you smoked in the garage you were dragging smoke into the home.  If I want into my units and smell smoke at all, I send a 3 day quit or comply letter.  

     And while I see you saying you didn’t smoke inside if the owner believes you did and you already said smoked inside the garage. It isn’t a stretch to think you smoked inside.  

The next tenant has the right to a clean and nice smelling property as much as anyone else.