Security deposit treble damages?

[Kathy Judd]

Hi everyone,

I had a tenant move out and I repainted the apartment. After the second coat of paint the old paint still bleeds through in small dots all over the room which is evidence that someone was smoking in the room.

I sent her the photos  of the dots and a video of a professional painter looking at the room confirming that there was evidence of smoking in the room. I stated that I would be keeping the security deposit because of breach of lease. So the tenant who is a lawyer said she will take me to small claims and seek treble damages which is 3x the security deposit.

If she seeks treble damages and I win the case, would I get the 3x amount or just keep the security deposit? If not do I have options as far countering her treble damages.

[Theresa Harris]

I wouldn't bother.  The walls should have been cleaned before  which would have removed light smoke damage.  If there was heavy smoke damage you would have smelled it and seen it on the walls.