Legal Question in Landlord & Tenant Law in North Carolina

I live in North Carolina. I recently rented a townhome from a property management company. In the Lease agreement, cigarett smoking was not included as to wether it was allowed indoors. As a matter of fact there was nothing in the Rental Lease agreement identifying anything about cirgarette smoking or that the unit was non-smoking. The property management is holding my security deposit stating that the owner is unhappy with the cigarette smoke damage on the walls. I did have the carpet cleaned. So I threatened to get a lawyer because it was not stated in the contract that this was a non-smoking unit. Now, the property management company has come back to me stating if I want to have the smoke damage repaired, they would see what they could work out with the deposit. My agreement was with the property management company and not the owner, am I entitled to my security deposit being that I did leave a clean unit behind, other than having the walls cleaned and air duct cleaned? I feel like the property management company and owner are in disagreement. As far as my contract with the porperty management company, I am in compliance. Please advise what I should do? Should I obtain a lawyer to get my security deposit back or should I try and clean the unit of the smoke damage and see what they decide?


Asked on 7/03/12, 10:00 am

1 Answer from Attorneys
Kenneth Love Ken Love Law

Your contract is with the owner...the property manager is only an agent for the owner and can only act within his directions. Even if the lease is silent to cigarette smoke, if the walls were really damaged by smoke then the securty deposit can be withheld up to the amount of the reapirs. The landlord must prove that you caused damage before he can withhold the deposit.

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Answered on 12/09/12, 5:39 pm


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