Can a landlord use the security deposit to replace a cracked bathtub?
Our landlord sold the property to her son. The bathtub was unstable and the floor of the bathtub developed a crack. Our landlord used our security deposit to replace the bathtub. Is she permitted to do that?
This is difficult to answer without additional information. If the instability of the bathtub was caused by the general aging of the property (a floor that was weakened over time, or due to the settling of the building), then it would not be cause for the landlord to pay for repair/replacement out of your security deposit.
However, if the instability was caused by something that you did as a tenant (e.g. repeatedly overflowing the bathtub thereby causing the floor to soften underneath), then the landlord would be within their right to use security deposit funds for this repair.
If you feel that your security deposit was improperly used by the landlord you should contact your local tenant advocacy group. They will be able to help you determine what steps you need to take, and how you should proceed.
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