Replacing Old Appliance

disturbed_2006November 23, 2007

My lease states that "oven/range, refrigerator, ..." are provided for the apartment. Several years after moving in (well over 20 years ago) my husband and I decided to replace the refrigerator ourselves because it was not operating properly. I still have the old refrigerator. Now, the 15+ year old refrigerator needs to be repaired/replaced and the NEW landlords say that since we bought the refrigerator it is my property and my responsibility to repair/replace it. The old landlord made sure to let the new landlords know that it was my property and the new landlords say they have something in writing, but I was never supplied this amendment to the lease nor did the landlord have the decency to let me know there would be a problem with this later on.

Since the lease states that a refrigerator is supplied with the apartment and since I still have the old one, AM I responsible for repairing/replacing the refrigerator?

Thank you for your help.

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You bought it. It is your property to take when you move. The old LL did the right thing by letting the new owners know that the fridge you are using, that you purchased, would not be transfered in the property sale. This would not be considered "an amendment to your lease". It needed to be clarified so that there would be no question or confusion with the new LL about ownership when you move. Had he not done that, you might be here writing a post "I am moving and the new LL is trying to steal my fridge".

I do not see how you expected the LL to "let you know that there would be a problem with this later on" as there would be no way to predict all the possible problems that would arise with the situation. For instance, if your fridge had a faulty cord and started a fire that burned the apartment complex to the ground the LL's insurance would come after your insurance to pay for the damage. If it was the LL's fridge that started the fire the insurance would handle it differently. If your fridge was too heavy and damaged the floor, you would be responsible, conversly the LL is responsible for all of his property and the damage caused.

In your post you say the the LL's fridge "was not working properly" this could mean many things. It was still functioning, right? The LL had no obligation to supply you with a new and better fridge. You do not say exactly what was wrong with it. Did it not keep the ice cream solid? It froze the lettuce? Was if just too noisy?

You bought one on your own and still have the one that was supplied with the apartment. The one you own is yours and the LL has no more right to touch it than he would anything else that you owned like your televison set or computer. How would you feel if the LL came in and decided to paint your fridge blue? He could only do that with one he owned not one you owned. He could decide to repair your fridge out of goodwill but what if you were not happy with the repairs he made and decided to sue him? He probably does not want to take that chance.

The LL is not going to repair/replace your refigerator that you would be taking with you when you move. The only possible solution is to negotiate the LL to repair/replace the fridge that he owns and is part of the rental unit that is still there.

    Bookmark   November 24, 2007 at 1:23PM
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I agree... he'd be obligated to fix the one that came with the place originally, but not the one you bought.

    Bookmark   November 25, 2007 at 3:46PM
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