Tenant kicked a broken door in. Can I keep the security deposit?

[Ryan M.]

Hello,

I just purchased my first renal property about  a month ago with inherited tenants.  I also kept the property manager on for the first month as I was hoping to ease into management.  About a week after I bought the property the property manager called to tell me that the previous night one of the tenants became locked out due to a deadbolt lock that fell out when he tried to unlock it.  She called for several locksmiths to come out, but after waiting several hours in the cold temperatures, the tenant called the police and he eventually kicked the door in against the advice of the property manager.  I just got the repair bill for $485 dollars.  My question is, can I apply the security deposit to cover the cost when the tenant moves out?  I have a feeling that he will not renew the lease anyways next summer.  If anyone has been in a similar situation I would appreciate the advice.  

Thanks!

[Peter MacKercher]

@Ryan M. You shouldn't wait to address the issue until a move-out. Tell the tenant that, since they took it upon themselves to kick the door in, they're liable for the repair costs. Apply the balance to their account and tell them that it must be paid. 

If it's not paid and they move out, and there are no other damages, then the deposit may cover the unpaid tenant charge.

There may be some statutory differences in your state, so check your local laws, but that'd be how we handle this situation (it's more common than you think, too).

On another note, did the locksmiths ever show up? I'm curious why there was such a long wait and what the cost of the fix would have been had the tenant not kicked the door in.