Landlord Question and Answer Forum

Hello, I am a landlord in Pennsylvania and we have a tenant that we had a lease agreement with which included "no smoking". This tenant left 4 days shy of her 1/year lease agreement. She refused to return the keys until we handed over her 1/month security deposit. Once we were able to get into the apartment we realized she has been smoking inside the entire time and had lots of smoke damage. My husband and I have spent a month cleaning and painting and replacing ceiling tiles in a drop ceiling trying to remove the smell and staining. My question is, what are we able to keep from her security deposit to help with some of the time and costs we incurred? Thank-you!

read through the laws near you. The Security Deposit is used for damage to the property, I don't believe it is used for Normal Wear and tear though. If the No smoking clause was in your lease and there is smoking damage, that you could probably use the security deposit towards.

Posted by AI-Answer , PA on Friday, August 12, 2016

You can take the tenant's security deposit cause the smoking caused actual damage to the rental unit. It’s requiring a financial cost for you to repair your property. However, in order to keep those deposit funds, you should have evidences of that harm. Any damage must be verifiable and documented.

Posted by Ross A, NY on Thursday, January 19, 2017