Will I be liable for "damages" above and beyond security deposit?

[jimbohoward69]

1) I have been renting the same condo in Ohio since January of 2013. When I moved in, the property management company was a "Mom & Pop" type of operation, so the original lease wasn't as detailed as others I've had in past residences. There is a section within the lease regarding forfeiture of security deposit (one month's rent), with a list of things that could trigger it...most notably the overarching statement "Failure to return premises to original condition".

2) The original property management company has since been replaced by another...yet I have not signed an updated lease since the original when I moved in. I've been allowed to continue living here, on the same lease, with the same monthly rent.

3) I smoked cigarettes in the residence, off and on, for the first couple of years...but stopped after that. That said, to this day, visitors tell me they've encountered a "slight" smoke smell upon entering. If/when I decide to move out, I would assume that having a lingering smoke smell would constitute "failure to return premises to original condition" (A "No Smoking" clause doesn't appear anywhere in the lease...although that may not mean much at this point).

So, I ask the question, could the current property management company hold me liable for "damages" above and beyond the security deposit I paid? There is no language in the lease stating such. Any thoughts on the matter would be greatly appreciated. I know there are landlords/owners of rental properties on these boards so I just wanted to throw my situation out there. Thanks!

 

[Sunset]

Damage deposits are simply an incentive to tenants to not wreck the place, and an easy way to cover the cost of low value damage.
If you really trash a place, of course you can be sued by the landlord to recover costs.
This does not include normal wear and tear, carpets wear out, paint fades, has cooking odours/oil on it, etc..

There is no way the new management knows the previous tenants didn't smoke, and you could simply claim that the smokey smell was there when you moved in.
After they paint the place, and replace carpets (since you have been there 8 yrs) there will not be any smell.
Some of the smell is in your furniture, once it's out it will be gone, if the new management says its your furniture that smells, tell them it must have picked it up from the apt, and when you move it will be gone.

If you are moving out in Spring/Summer, just open the windows for a couple of hours before having them walk through.
If you don't have a walk through at the end of the lease, then take a LOT of pictures of every room and things like toilet, sinks, windows, etc. So you have proof they are not broken.

 

[Ready]

I would expect them to charge you for a cleaning fee, which would include whatever they deem necessary to remove the smell of cigarette smoke. But as Sunset mentioned, they probably can’t prove the smell was caused by you and not the prior tenant.

I know most leases require that you return the premises in the original condition prior to your move in. But if you have been there many years, some wear and tear is normal. They can not expect the carpet to be in brand new condition if you lived there for 10 years. So some of this will just be a negotiation with them.

 

[OldShooter]

... So, I ask the question, could the current property management company hold me liable for "damages" above and beyond the security deposit I paid? ...

Sure. (former landlord here). Since you have no lease, your tenancy rules are probably the state's rules though I suppose some cities might have rules too. These will include notice periods for you or the landlord to terminate the tenancy and probably rules on damage deposits. It's been a few years, but IIRC in our state the landlord's notice period for charging your damage deposit is quite short and has rules attached. If you don't get the notice per the rules, you're completely off the hook (in our state, maybe not yours).

So I would start by figuring out the rules. In our city there was a "tenant's union" that published a "tenants' rights" brochure outlining all this stuff. I used to give them to my tenants so we all knew what the rules were. And of course they were quite favorable to landlords anyway. Maybe there is an organization like that in your area, too.

Someone might argue that by staying you have automatically renewed your last lease. I'd read it carefully to see if there is a clause like that. More likely, the expiration of the lease switches you to what our state calls "month-to-month" tenancy and puts the relationship under state law as I mentioned above.

As is true with many of these forum questions, SGOTI is not qualified to give you reliable or complete legal advice. Find the rules, read the rules, take preventative action as is appropriate.