Ask a Landlord-Tenant Question, Get an Answer ASAP!
Good morning. I am Loren, a licensed attorney, and I look forward to assisting you.
Was the unit designated as a"Smoking Unit" in the written lease?
They are only allowed to keep money from the deposit to repair or replace damage which exceed reasonable wear and tear. If they rent a unit as a smoking unit then they would be hard pressed to justify a cigarette smell in the unit as not reasonable wear and tear.
Demand the refund in writing. If the refuse, sue them in small claims court. Small claims court is designed to be "user friendly" so that you can present a claim without an attorney. Also, it moves much more quickly than regular court. You can get the necessary forms to start from the clerk of the court.
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