This Week's Q & A

Q: Is a tenant responsible for the cost of repairing damages resulting from the tenant’s negligence? And if the repair costs exceed the amount of the security deposit, can I sue the tenant to recover the difference?

A: As a general rule, tenants are required to pay for repairs of any damage caused by their actions. For example, if a tenant decides to use a screwdriver to defrost the refrigerator (with predictable results), you can insist that the tenant pay for the cost of repairing or replacing the appliance. On the other hand, if the refrigerator motor malfunctions, that’s your responsibility. If the tenant causes the damage and refuses to pay for the repairs, you can deduct the repair costs from the security deposit when the tenancy ends, and you could sue the tenant for the difference if the cost exceeds the deposit. (This assumes, of course, that you have followed all the rules for collecting and holding a tenant security deposit.)

You don’t have to wait for the end of the tenancy to pursue your claim, of course; you could insist on full payment immediately and sue the tenant, if necessary, to collect. Obviously, a lawsuit will not promote a cordial landlord-tenant relationship for the balance of the tenancy, which is something you might want to consider. Your chances of prevailing, if you do sue, depend on the circumstances. You should expect your tenant to argue that the condition of the property or your negligence in maintaining it contributed to (or caused) the problem, even if the tenant’s action was the immediate cause of the damage. Obviously, that will be easier for a tenant to establish in some cases than in others, but ambiguity probably won’t work in your favor.

As is true in many areas of landlord-tenant law, your decision about whether to pursue a claim in court probably will depend less on your prospects of success than on the cost and time involved in filing suit and in collecting an award if you win. Unless you’re talking about a major expense, you may find that your legal expenses will exceed the costs you are trying to recover.