If our tenant damaged the countertop, can we deduct the amount from security deposit?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
If our tenant damaged the countertop, can we deduct the amount from security deposit?
They damaged the countertop. We didn’t find out until they vacated. Now they have requested pictures. Must we provide them?
Asked on July 18, 2019 under Real Estate Law, Connecticut
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 5 years ago | Contributor
1) Yes, you can deduct from the security deposit for the damage: that is what the deposit is for, after all--it is to provide security against and compenate the landlord for damage to his/her property.
2) You should provide the photos. While not specifically required to do--you only have to provide the estimate or invoice for the repair and a written description of why it is necessary--if they don't believe you and agree and sue you for their deposit back, you'll almost certainly have to provide the photos in court. So if the photos support you position, provide them now, to try and convince them of the appropriateness of what you did and head off litigation before it begins.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.