Broken Fridge

[soulap13]

In the year and a half I've lived in my apartment, the refrigerator has broken down 6 times due to the same issue. My landlord refuses to replace it, and every time it breaks it takes him 2-3 weeks to get a repair guy in here to fix it.

Does anyone know if I'm entitled to monetary compensation (it's expensive to throw out all that food and then eat out every day b/c we can't keep anything in the fridge)? Or can we purchase a new fridge and send him the bill? Or do ANYTHING to either get a new appliance or at least speed up the process of fixing the one we have?

So annoying.

[TenantNet]

Purchasing a new fridge and taking it off the rent is known as "repair and deduct." There's no law that allows it, but no law that prohibits it. I've seen a judge allow it, but it probably depends on all the facts and you'll likely end up in court. And if you're unregulated, you could lose the apartment at the end of the lease. I'd research whether you should be regulated.

At a minimum, send the LL a certified mail (also call, email and fax) and document that you are allowing access. The first thing LLs do is claim tenants deny access.

As for the food, if the LL sends someone within 24 hours, that would be hard to do. If it takes weeks, tell him next time you will deduct the cost of the food. Of course that might also end you up in court.

[10ants]

A new one is only around $400. If your LL is a reasonable person, he'll let you buy it and take $50 off the rent for the next 8 months. Otherwise he might be willing to split the cost with you, which is less than 1hr of a lawyer's time.

Try asking nicely.

[tcl2u]

A new one is only around $400. If your LL is a reasonable person, he'll let you buy it and take $50 off the rent for the next 8 months. Otherwise he might be willing to split the cost with you, which is less than 1hr of a lawyer's time.

Try asking nicely.

Assuming the OP is correct then it really isn't his responsibility to front the cost of the fridge and take the time to choose a fridge. The tenant certainly should not have to pay for a portion of the fridge that's covered in the rent. Even taking a strict capitalist perspective of the situation it's an exchange of money for a clean, livable space with electricity, running water and appliances.

Now, if the tenant is paying way below market rent because the LL doesn't want to bother with the building THEN, and only then would I think that it would make sense for the tenant to buy a fridge. If the tenant is paying market rate the LL must pay for the fridge.

[TenantNet]

Some mixed up issues here. When dealing with landlords and apartments, you must deal with the legalities, not what might be considered "fair."

A tenant pays for services and a refrigerator is part of the basket of goods in the list of services. The LL is responsible for providing and maintaining a refrigerator. Even if rent is very very cheap, it's still the LL's obligation. Do not confuse things.

Also, a tenant can be taken to court and evicted for exercising "self help" by buying their own refrigerator. It may seem absurd, but if a tenant buys their own appliance, you can get evicted -- even if you don't take the cost of the fridge out of the rent. So don't do that unless you get express permission from the LL in writing.

10ants approach might be considered "reasonable" but it can get you evicted.

[10ants]

I wasn't suggesting 'self-help' without LL approval!

The official rule is that you can do it with your landlord's consent. In my case, I just send him an email that says 'I found XXX on craigslist-- mind if I install it?', and he writes back 'go ahead'.

I've interpreted email as being 'in writing' for something like this, but your LL may have a form.

The reason for LL consent is that improperly installed appliances can safety or electrical problems, and because the LL owns the old one and might prefer you not to replace it if he has a stock of spare parts and expertise.

My LL is reasonable, if somewhat lazy; yours may differ.

[TenantNet]

There is no "official rule" even in court cases. You may have been lucky, but many tenants aren't so lucky. You can't assume if something is in an email format it's OK. Most leases have language that specify what form a notice must be in.

The reasoning 10ants cites might sound rational, but that's not the reason for tenants to uses extreme caution and avoid making their own installations.

Whether RS or not, a lease provides a package of goods and services required to be provided by the LL during the term of the lease. A tenant making their own installations -- even with the permission of the LL -- risks the LL later claiming breach of lease.

There are exceptions, sometimes called Repair and Deduct, when a LL refuses or fails to make repairs. Some courts have allowed tenants to make the deductions from the rent in such cases, but it will depend on the totality of facts surrounding the case, i.e., notice to LL, and the expected LL claim that access was denied. And some courts have denied this remedy to the tenant. Indeed, in some cases a court might go further and evict the tenant unless they "cure" the situation. For example a court might require a tenant to restore the old appliance owned by the LL.

One well-known case is Nestor v. Diamond and associated lower court matters.

I must stress that 10ants apparent luck cannot be construed as good advice.