Subtenant Matters: Keeping Security Deposit

I came back last week to my apartment, which I’d sublet for 6 months.

Before I left town, I had my shower diverter replaced. About two months ago, my tenant emailed me to say the lever was sticking and she had to push it hard to get it to move from one position to another. I thought that sounded strange, so I asked to call my plumber and have him come by and take a look, and I offered to pay for the visit. She said, “Oh, no, I can just deal with it.”

I returned home to find the shower stuck in the “off” position, and the diverter completely broken.

Sounds like no big deal–except that I have weird Italian fixtures, and the replacement part needs to be imported and costs $120\. That, plus the plumber’s fee, and I’m out $250.

The plumber says that the diverter “seized up” after being forced too hard.

Now, it’s possible that the part was faulty to begin with. It’s possible that my cleaning lady, who comes once a month, pushed the lever too hard. But it’s most likely that the tenant screwed it up.

So my question is: Should I keep back $250 from her security deposit to cover the cost of the repair? Or should I split the cost with her, or just let the matter go?

Thoughts?

WonTon

in Landlord 13 years and 9 months ago

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slopemope | 13 years and 9 months ago

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these kinds of things happen.  file it under wear and tear.  renters are same with apartments as with rental cars, they tend to be hard on them.  that’s why most rental fixtures are cheap.  

once you decide to have an relationship with a tenant the cards are not exactly in your favor in nyc.  if you tell them in advance, they won’t pay you for last month rent just “apply the deposit”.  and the discussions will go stereotypically almost exactly like this **http://tinyurl.com/63dgy6c**

shahnandersen

in Landlord 13 years and 9 months ago

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This your only problem after she lived six months in the house?  I’d let it go.  It would have cost you $150 or more to have the plumber come over and fix the diverter when she was having trouble.  I understand that you are upset because the right thing to do was to have the plumber see it, but your tenant was trying to save you money and trouble.  She made a mistake, but then you were not an on-site landlord, and in essence left her “in charge”.

rh | 13 years and 9 months ago

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I would let it go. She mentioned to you that she was having problems with it. You didn’t just come home to a broken faucet. You can’t prove she broke it.