Use Security Deposit in this Situation?
I have a situation where the boiler room pipe sprung a needle size hole, spraying a very small amount of water against drywall. From the beginning of the lease, I have instructed the tenant to look at the boiler room once a week. Check for smells, smoke, standing water, spraying water, anything out of the ordinary.
I show up at the unit and find out that the boiler room pipe is spraying water. I call a plumber and get it fixed right away. I asked the plumber how long its been like this and he responds saying looking at the black mold on the drywall, it has to be over a month. Turns out small pin hole leak can be a lot of water over a month. Makes sense.
I ask the tenant when they were last in the boiler room and they say 2 days ago. They did not see the standing water or the straying water or the damaged drywall with black mold on it. Obviously they were not in the boiler room 2 days ago or even 20 days ago.
Does this situation warrant me using part of their security deposit to fix the moldy drywall issue?