Can the landlord charge me for replacing the carpet if the damage from the previous tenant was beyond normal wear and tear?

Can the landlord charge me for replacing the carpet if the damage from the previous tenant was beyond normal wear and tear?

When we moved into our apartment, the carpet had cigarette burns and smelled of cigarette smoke, although the lease said no smoking in the apartment. This damage was noted on our move-in damage check list. When we moved out, we had the carpets professionally shampooed, even though they were not excessively dirty. I turned in my keys after paying the carpet cleaners and did not see the resulting condition of the carpet (foolish, I know). My landlord charged my deposit for half the cost of carpeting a 15′ x 12′ space, which was listed as costing $500. Should he be able to do this?

Asked on July 17, 2012 under Real Estate Law, Maine

Answers:

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