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Forum / Move-Out & Eviction / smoked in my house

my tenants smoked inside the premises although it clearly advertised and included in the lease that it was a non-smoking property. What portion of their security deposit can I retain for this breach of contract?

Kelly S, NC on Monday, October 28, 2013

RE: smoked in my house

In my lease I state that the security deposity is returned at my discretion. How does your lease read?

Posted by Jennifer G, OH on Friday, November 1, 2013

RE: smoked in my house

Yea I would say that it depends on the wording in your contract. When I have a no smoking policy I enforce it strictly. I have it in mine that if your caught smoking you lose your deposit. Depending on the circumstances I may give one warning but after that, nothing.

Posted by Lisa W, NY on Friday, December 27, 2013

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