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Denise M | Tenant broke old refrigerator. I replaced with new unit and deducted full cost from security deposit. Legal? |
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Pisces Princess
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Sorry but that is not legal. If you rent your dwelling with appliances then it is rented as is unless the refrigerator is less than 5 years old. Anything 5 years and older it would be determined that normal use has caused wear and tear on the appliance and it's not up to the tenant to replace. The only way you can possible hold the tenant accountable is if it's obvious damage that's been done for instance the door is off or all shelving with the refrigerator is broken or they've moved and the refrigerator is now gone. It should also clearly state in your lease agreement what the tenant will be responsible for if damaged or broken. However if it's a matter of it doesn't get cold, it makes a noise or things that would break down over time you can not reduce the security deposit for the replacement refrigerator. When the tenant did the walk through was the broken refrigerator something that they stated was or was not broken? You need to check with a legal firm to ensure that you can not be sued by your tenant. |
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sassssy
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It depends. Was it normal wear and tear. If they broke a handle or shelf that you could easily replace then you can not charge for the full new fridge. Also if they take you to court for it you better have pictures and reasonable proof that you need a brand new one. |
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smedrik
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The tenant if they broke the refrigerator due to negligence is only responsible for the cost of the old unit, not the cost of a new unit. |
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Debra G
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If the tenant DID break the refrigerator you can deduct it out of the security deposit. But, if the refrigerator was old, or just stopped working due to a part failure, no you can't charge the tenant. If the refrigerator stopped working due to part failure, and you deduct it, the tenant can sue you in court if he can prove he/she didn't cause it. |
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frak1a12345
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Yes and no. You can charge the tenant if he breaks something but you should only charge him the current value of the broken item and not the replacement value. For instance, if he broke a 5 year old refrigerator that has a life expectancy of ten years then you should charge him half the value of a new one. A judge would not allow you the full value of a broken item if the tenant were to challenge you in a court of law. This is similar to a vehicle "totaled" in an accident--the insurance will pay only current market value and not new vehicle value. |
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Pengy
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NO depreciation is warranted here. If they broke a new fridge then yes and old one no |
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Gertie
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How did they break the old refrigerator and you cant deduct the entire cost of the new unit unless you had a brand new one installed when they moved in. You must depreciate the value. |
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infinite crisis 247
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absolutely. however, you must prove that the damage was through negligence or willfull destruction. also, make sure that you have the invoice for the amount of the fridge, just in case you get contacted by any lawyers. lastly, the replacement unit must be of approximately the same value as the one that was broken. you can't replace a 10 year old base kenmore model with a stainless steel LG luxury model. |
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Trouble
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No.
You can replace the refrigerator, however, you can only charge the tenant for the depreciated value of the old refrigerator.
Lets say the new refrigerator costs $1,000. Refrigerators have a life expectancy of 10 years. At the end of 10 years, the refrigerator will have no value. The refrigerator declines in value each year.
If the old refrigerator was 5 years old, you could charge for half of the cost of the new refrigerator - $500.00.
If it was 7 years old, you could charge for 3/10 of the new refrigerator - $300.00.
If the refrigerator was 10 years old or older, you are SOL.
If the tenant disputes the charge and sues you in court, you are going to have to prove first, that the tenant actually broke the old refrigerator and then you are going to have to convince the judge that the tenant should pay for a new refrigerator.
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vivicabowles
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Yes, thats what the security deposit is for. It is for any damage done by the lessee.
What would not be legal, is if you kept it for rent that is past due.
The security deposit is strictly for damages. |
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fae_dragonfly
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I would say yes as that security deposit is to cover the cost of anything that is broken or ruined by the tenant while in residence. |
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