All Forum Posts by: Jose Diaz

Hello, 

Months ago, I received and approved a broken kitchen faucet work order for one of my rental properties from my PM. I asked my PM to check with their technician to determine if the damage was tenant inflicted or normal wear/tear since this was a newly acquired rehabbed property. The stated the damage did not look like normal wear and tear and the tenant definitely did something either trying to fix it or damaged it altogether. The faucet could not be repaired and had to be replaced. The PM and I agreed the tenant should bear the cost and it was added to the ledger. The tenant disputed but we held our ground. Their lease recently terminated and I refunded their security deposit minus the replacement cost for the kitchen faucet. They disputed with the PM and I believed the matter to be resolved. 

This week I received a letter from the tenant threatening to go to small claims court for the remainder of their security deposit. The claim they did not damage the faucet and that the head just came off and wasn't in as bad a shape as the technician made it out to be. 

I have never been to small claims court or been in this situation before. This is looking like it would be a he says, she says type of case and I don't know how a judge would rule. On principle, I believe if you break it you own up to it and pay it. I also understand many folks aren't honest and I'm putting a lot of trust in my PM and their team. If I go to small claims court, I am pretty sure it'll be tenant friendly and I don't know what the outcome could be. 

Does anyone have any insight or experience on how a judge may rule on this? Is it worth going to small claims over this or just eating the cost and paying the tenant their remaining security deposit to go away?