Tenants smoking in a non-smoking house can I take security dep?

[Mark Trebor]

My lease says the house does not permit smoking in the house.  After entering the house at the request of the tenants for some basic maintenance I find cigarette ash trays, hookah pipes and water bongs.  All of these items are in plane view.  And the house smelt of the cigarettes and weed.  I'm not judging these guys for what they are doing but I just don't want them doing this in my house.  I took pictures and sent an email reminding them that smoking is not allowed inside the house.  Do I have the right to take security deposit money from them for a lease violation.  They have just moved out and the house is being cleaned for the next round of college kids.

[Nathan Gesner]

The security deposit can be applied towards cleaning, repairs, and unpaid charges like rent. If it costs $600 to clean the place back to original condition and you have $400 left over, refund the $400.

It's unethical and illegal to keep more of the deposit than what is actually needed. Get your property back into shape, charge the tenants for what they are responsible for, and refund whatever is remaining.