Can I keep part of a security deposit for a broken garbage disposal.

Question

I had a brand new garbage disposal installed in my rental property 2-3 years ago.  I recently had a mid term renter call me last month to tell me that it was broken.  When he moved in, I gave him written instructions not to put large food items down the sink.  He just moved out.  Can I charge his security deposit for the broken garbage disposal?

Nathan Brown · Answer

Adding to the already sufficient answers, yes you can charge it against the deposit and the tenant does have a right to contest it. However, no one has mentioned yet that the tenant is highly unlikely to contest it outside of making an angry phone call to you. In practice, a tenant formally challenging a deposit withholding will have to file a small claims suit against you. Generally, this will cost way more than the value of the disposal charge, so they don't bother. Still though, you should have your justifications documented either way. Best of luck!

Conner Olsen · Answer

It'd be hard to prove. I would probably just have it be a cost of doing business.

Ned J. · Answer

You have to prove that it was the tenants fault it failed.... it cant just be "well it worked when you moved in and now it doesnt work, so you have to pay full price for me to replace it".

Stuff breaks even when its used properly.... things have an average lifespan even with proper use.

If you feel pretty confident on tenant abuse, you can charge the depreciated value of the unit and see what happens. As stated, many with pitch a fit and then let it go since its not worth pursing.

Nathan Gesner · Answer

It depends on whether you have evidence they've misused or abused it.

Sometimes devices fail on their own. A garbage disposal can easily last 7-10 years if used properly, but sometimes things break due to poor design and it's nobody's fault.

If you have evidence the Tenant broke it, then you can charge them a depreciated value. If you assume the disposal should last seven years, it's three years old, you can charge for the remaining four years of life.

$300 / 7 = $42.86 per year

$42.86 x 4 = $171.44

The Tenant can always challenge your charges which is why you should only charge if you have evidence to back your claim.

Justin Tahilramani · Answer

@Gina Cabell - “brand new” three years ago…… So just to be clear - it’s not anywhere near new. It’s three years old and likely 100% your responsibility.

Richard F. · Answer

OK, so who said it needed to be replaced, and for what reason? What were their qualifications?

A lot of plumbers work on a "flat rate" basis, and the easy, and more profitable thing for them to do, especially if the Owner, or someone knowledgeable is NOT watching/questioning them in the moment, is to replace it, and take the old one with them. A lot of handy persons are very poor at troubleshooting and just take the easy way out too. If you have a long standing relationship with the plumber/handy person, and know them to be looking out for what is best for you, and know them to truly be knowledgeable about their work, then no problem. But managing an average of well over 100 units for the past nearly 30 years, I have not seen a disposer "broken" by a Tenant. I have seen many fail due to age, either due to severe corrosion of the housing, or, ultimately, the windings of the armature became unwound, due to internal wear. I have seen many jammed pretty severely, and with metal screws or other bits in the rotating portion. All were unjammed and made operational, generally with only a few minutes effort. Sometimes, it takes a specialty tool to be able to reach in to retrieve something, especially metal, that has jammed the cutter, but even so it is a simple process. There have been a couple cases where I asked them to leave the old disposer at the unit (or drop it by my office) to see first hand, and to show our Client when THEY asked the question!

If I had what I knew to be (and we note brand/color on move in condition forms) a typical disposer less than three years old, and a plumber wanted to replace it because it was broken, I would ask him to tell me (I always have service call vendors call me from site for approvals once they determine the problem) what is broken, and I would ask him to text me a photo to see for myself what he is looking at. Then I have a good response for MY Client!

You might also revisit your instructions to incoming Tenants to include more complete instructions on what they should/should not put down it, and more importantly the proper procedure(s) for doing so to avoid many blockages. (Turn on water full blast and start the disposer BEFORE putting anything significant into the drain) It is not really meant to dump LOTS of food waste down, most should be scraped directly off of dishes into the trash. Bones of any kind, stringy vegetables, rice and similar products that can expand when soaked, are primary to avoid. I am often surprised that this far into the 21st Century, there are a lot of people that have never used a disposer before, especially younger Tenants and new Families, as well as people from many other countries. I always ask if they know how to reset and clear a jam, if not, I show them and tell them they can save an easy $150 doing it themselves. They are always appreciative. A six dollar disposer wrench should always be kept under the sink.

Gina Cabell · Answer

@Richard F. It had to be replaced - cost $360 for the new disposal and installation.

Can I keep part of a security deposit for a broken garbage disposal.

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