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bbaldridge · Mar 3, 2012, 08:54 PM

We moved in the home in July 2011 and the landlord lived in flordia and we live in virginia terms of a lease were never discused the only thing discused was that we had UP TO a year to decide if we wanted to buy the home, the home come to find out has mold and no working heat ( In the state of Virginia) so we gave 30 days notice and moved out for many reasons, can they take us to court for a smoke smell in the home when it was not discussed there was not to be any smoking and also can they hold us accountable for any more months of rent?

Fr_Chuck · Mar 3, 2012, 09:04 PM

They may take out of your deposit the cost to clean or odor control the home. I know a new renter who is not a smoker will not rent a home that smells like smoke.
But assuming you paid a normal deposit that should be enough to cover those costs.

Without a written agreement, you are on a month to month, so as long as you gave a full months notice you should be OK.

AK lawyer · Mar 4, 2012, 07:08 AM

*Note to self: next time I rent out a place put a no-smoking provisio in the lease.*

If there wasn't a lease I wonder if there was a deposit?

bbaldridge · Mar 4, 2012, 06:25 PM

Thank You There was no deposit they were in a tight spot and wanted anyone to move in ASAP and we didn't even smoke inside the home they are claiming that they smell smoke.

ScottGem · Mar 4, 2012, 07:48 PM

So if there was no deposit, then tell them to sue if they want to recover cleaning costs.

bbaldridge · Mar 6, 2012, 10:19 AM

Can they sue though? With out us having a lease we didn't even have a verbal lease and they are also trying to get us to keep paying rent for three more months even though we had no lease?

ScottGem · Mar 6, 2012, 10:29 AM

With no lease, they can still sue over damages. The likelihood of them winning is small. But filing suit is the only way for them to recover anything.

If you gave sufficient notice, there is no way they can get you for unpaid rent.

AK lawyer · Mar 6, 2012, 05:18 PM

Originally Posted by bbaldridge

... we didnt even smoke inside the home they are claiming that they smell smoke.

If you are smokers, the smoke smell will end up in the house from your bodies and clothing. Not that it's likey they have a case, but that is the mechanism by which smoke odor would be able to get into the house.