Security Dep. Deduction - Do I have to wait till they move out?

Question

Good morning BPers,

I am a relative newbie here, having bought my first duplex in New Jersey this past January. Our upstairs tenant put some holes in the wall when moving some furniture and we are trying to figure out how to handle repairs. The holes are large enough that we will likely hire a professional to fix them. Can I deduct the cost of repairs from his security deposit now or do I need to wait until he moves out? He has lived in the unit for 10 years and we don't anticipate him leaving anytime soon. I don't really want there to be holes in the walls the next few years until he decides to move out, but I am not crazy about the idea of paying for them out of pocket either.

He has several friends in the area that are contractors, but having worked with them, most provide pretty shoddy work - so I don't want him to hire someone himself to do the work.

Any advice would be greatly appreciated.

Thanks,

Maureen

Deborah Burian · Answer

Ditto what @Jim Adrian says about fixing it now.  Real estate is a valuable asset and needs to be maintained.  Have it professionally repaired, then, assuming your lease allows for it, bill him for it, then treat the bill like his rent... meaning that failure to pay is a violation of the lease and subject to further action.  We never allow tenants to make their own repairs.  Good way to end up with a damaged or out-of-code property.

Jim Adrian · Answer

@Maureen Campbell

Look at the lease to see what it says first, but I would bill him now for the repairs.  Security deposit is to be used when they move out.  If you use the security deposit now you may have nothing left when they move out when you need it.   Any repairs must meet the landlords approval.  Its not hard to point the wall and say match this area here.  You could let him repair the wall first and if this not to par you repair it and bill him.

Maureen Campbell · Answer

Thanks for the feedback. Much appreciated!