Security Deposit Can I charge the Tenant for removing the Deck Iron Railing ?

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learningstill

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Tenant did some minor repairs, maintenance, upkeep on the deck and in the process 'threw away' the railing ! which is needed as it is about 3 to 4 feet above the ground !

Deck Railing issue
My tenant moved in 2 years ago and the house needed some work, mostly cosmetic, but some repairs with the deck, Tenant had offered to do them in exchange for a good rate on the rent and to entice me to accept their rental application.

Some work and some partial repairs were done to the deck but the deck is only repaired or maintained at about 70%.

What is most important and curious, is that the iron railing ( about 30 feet ) disappeared ! it was in perfectly good condition ! and it will probably be costly to replace.

When I visited the house after 1.5 years ( I was overseas) I was surprised of this discovery and I asked her about where the railing is, she said she got rid of it, because when she was getting the repairs done to the deck it seemed she needed to remove the railing and she simply did not get it back installed.

So I asked where in the property is it stored ? she responded she had it hauled away ! Since she is a temperamental moody flighty rude tenant, I did not pursue it further, I considered this will have to be a move out House inspection issue and a Security Deposit issue.
Would you agree? Can I charge the Tenant for removing the Deck Iron Railing ?

My guess is that the railing cost to be put back by contractor will cost more then her $3,000 security deposit or very close to it. (there are other issues with this Tenant so forfeiting the Security Deposit is not going to be enough) I will need to file in Small Claims Court a Damage claim (this would not be through Landlord Tenant Courts, which in Maryland only deals with unpaid rents and evictions)

To get a court date, this will take 3 month or more. I live overseas, and I need to head back overseas, so this will force me to travel back to US to take care of this on the date the Court will assign for a Trial date. Could my travel costs and expenses be included in the Small Claims Court Law Suit?
 
Yes, this is something you could claim on the security deposit. Even if the tenant could not reinstall the railing the tenant had no authority to get rid of it. I suspect it was likely recycled for a few bucks.

It really does sound like you should just keep the deposit and provide the tenant with an explanation itemizing how the money was used. It would then be the tenant's responsibility to sue you if she wants the deposit back.
This does not sound like a tenant that is going to pay anything at all even if you pursue these damages in court. Cut your losses, make the repairs, get a better tenant, and keep better tabs on the property in the future so that these problems don't snowball.

No, your travel costs will not be covered if you sue in court.
 
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