After moving out from our last unit, our landlord refuses to return back our security deposit, because one of the kitchen cabinet made of particle woods near the kitchen sink was damaged by moisture caused by leakage. The leakage was caused by worn out silicone sealant, so water seeped through.
We discovered that a few months ago when dark-colored water appeared on the kitchen floor after cooking, and have reported to the landlord both broken sink and the damage to the interior of the cabinet caused by leakage. At that point, the landlord only wanted us to repair the sink at our own expense (the cost of repair is below $150, which should be born by the tenant according to tenancy agreement). But after handover, the landlord claims that we caused the damage by negligence and asks for reinstatement. The tenancy agreement does have a clause regarding fair tear and wear, and "damage beyond the control of tenant".
Particle wood deteriorates very fast when in contact with water, when we saw water appeared on the floor the damage was already done. We think that the damage is beyond the control of tenant, as the damage was not even visible from the outside of the cabinet, and the sink was fixed promptly when leakage was discovered (no negligence).
We are also ok with paying the first $150 of the cost of reinstatement. However, the landlord demands much more.
Is it worthwhile to bring the case to small claim tribunal? Going to sct would cost a lot of time and we might not win the case too.
