I moved my family into a rental house 3 weeks ago. The house came with a built-in large screen TV. The landlord said he would leave it, because to take it out would leave a large hole. A few days ago, the screen went completely white and will not work. I asked him to come out to look. He did so last night, saying he had no idea and that I needed to call Sony for the repair. This is not a matter of health or safety (except being without a TV in the living room with 2 kids for a year will not be pleasant). What rights do I have here? Who is responsible for the repair? Thanks!

Rights? Seriously, just go out and buy your own TV like everyone else does. If he left one to use it was a bonus. If you want to use that one, YOU call and pay for the repair... otherwise, leave that one off, buy your own and use that one. He had a valid cosmetic reason to leave it... but it doesn't make it part of the required things he MUST maintain as a landlord unless it specifically says so in the lease.

Working heating and air conditioning if installed is implied, as is the water heater stove sinks and bathroom fixtures...but not the TV nor are utilities unless specifically mentioned.

Ditto on Smoothy. Fix it or buy a new one. How old is the TV he left? May be cheaper to buy a new one than fix the one there.

I'm going to disagree here. The TV is now a fixture and since it came with the unit, it was an amenity that the landlord is responsible for. The problem here is enforcing this. If the LL refuses to pay for the repair you would have to sue him. And that is not going to make good relations. Didn't you have a TV before you moved in?

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Originally Posted by ScottGem

I'm going to disagree here. The TV is now a fixture and since it came with the unit, it was an amenity that the landlord is responsible for. The problem here is enforcing this. If the LL refuses to pay for the repair you would have to sue him. And that is not going to make good relations. Didn't you have a TV before you moved in?

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I might say this, what if the TV did not work when the Tennant moved in? It is a stretch to consider a TV a fixture. Suing would be out of the question from the get go, as you say. I.E. if one leaves a lamp is that a fixture? Fixtures are generally screwed on nailed in and considered permanent as was pointed out above.

No, a lamp would not be considered a fixture, but a recessed dome light would be. As the OP said this is a built-in TV and removal would leave a hole in the wall. That makes it a fixture in my book.

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Originally Posted by ScottGem

No, a lamp would not be considered a fixture, but a recessed dome light would be. As the OP said this is a built-in TV and removal would leave a hole in the wall. That makes it a fixture in my book.

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That surely would qualify as a fixture, and only come into play per the contract signed working or not working due to removal problems by the landlord.

What does the lease agreement say?

A TV is not necessary to survive. Heat is, water is, electricity is, a roof is, a floor is, but a TV isn't.

To sue over a TV that was left in the apartment, is extremely petty in my opinion.

I don't think that the landlord is responsible for fixing the TV. I do however think he'll be responsible to repair the hole when the tenants remove the TV and replace it with their own.

You are paying for cable aren't you? If not, maybe that's why the TV doesn't work. I am pretty sure that's what the landlord will tell you.

Tal has a good point. Is it possible he stopped paying the cable bill?

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Originally Posted by ScottGem

No, a lamp would not be considered a fixture, but a recessed dome light would be. As the OP said this is a built-in TV and removal would leave a hole in the wall. That makes it a fixture in my book.

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Yes, it is a fixture. But so what? A LL doesn't have a duty to keep all fixtures in repair unless required by the terms of a lease.

Yes, I did have a TV before I moved in, but a regular-sized one. This is a huge mammoth one (I would never want to buy one this big). I was told on my initial look at the property, before I signed anything, that it would stay. If it is removed, there will be huge hole in the living room--not so nice. But if it stays and is broken, my kids don't have a TV in the living room.

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Originally Posted by ScottGem

I'm going to disagree here. The TV is now a fixture and since it came with the unit, it was an amenity that the landlord is responsible for. The problem here is enforcing this. If the LL refuses to pay for the repair you would have to sue him. And that is not going to make good relations. Didn't you have a TV before you moved in?

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[QUOTE=ScottGem;3758605]Tal has a good point. Is it possible he stopped paying the cable bill?[/QUOTE

I have U-Verse, just like he did before me. I am paying for it.

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Originally Posted by smoothy

Rights? Seriously, just go out and buy your own TV like everyone else does. If he left one to use it was a bonus. If you want to use that one, YOU call and pay for the repair... otherwise, leave that one off, buy your own and use that one. He had a valid cosmetic reason to leave it... but it doesn't make it part of the required things he MUST maintain as a landlord unless it specifically says so in the lease.

Working heating and air conditioning if installed is implied, as is the water heater stove sinks and bathroom fixtures...but not the TV nor are utilities unless specifically mentioned.

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I HAVE my own TV. Two in fact. But this one is huge and built into the wall. It was part of the house when I originally looked at the house. If it is removed, there will be a huge hole in the wall. If it stays, I supposed I could put my regular sized TV on a stand in front of it, but that seems ridiculous.

If you were told it would stay before you signed the lease, then I'm even more convinced it's a fixture and the landlord is responsible for maintaining it. But I'm also not sure that it would be worth it to sue if the landlord refuses to repair it. I would see if you can get an estimate on the repair and offer to split it with the landlord.

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Originally Posted by newdallasfamily

Yes, I did have a TV before I moved in, but a regular-sized one. This is a huge mammoth one (I would never want to buy one this big). I was told on my initial look at the property, before I signed anything, that it would stay. If it is removed, there will be huge hole in the living room--not so nice. But if it stays and is broken, my kids don't have a TV in the living room.

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Originally Posted by ScottGem

Tal has a good point. Is it possible he stopped paying the cable bill?

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I have U-Verse, just like he did before me. I am paying for it.



I HAVE my own TV. Two in fact. But this one is huge and built into the wall. It was part of the house when I originally looked at the house. If it is removed, there will be a huge hole in the wall. If it stays, I supposed I could put my regular sized TV on a stand in front of it, but that seems ridiculous.

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Without knowing exactly how the "hole" is built... or if its more like a finished or semi-finished cubby or how large. You could put that one in a safe place where it won't get further damaged and put yours there. I've done that with several pieces of furniture that came with a place I didn't want to use. In my case that was a white couch.

Have you called the cable provider and confirmed it's not a problem on their end? Have you confirmed your TV is set on the proper channel (3, or 4)? If you have done these things then you can discuss with the landlord your next steps.

I am assuming you have basic cable that requires no cable box, and that your other TV's are fine. Generally you can also check the fitting the cable lines screws onto, if it wiggles the small connection wire is broken, or using your TV's manual you go through the troubleshooting procedure. If you don't have one, or the landlord doesn't, you go online and find it for your model.

Until you see what the landlord wants to do about it though, don't sweat it because it's not a big deal and he may well just remove it, cover the opening, and problem solved. I suspect it's entirely up to him. Unless it affects your rent it was a luxury perk anyway. Heck I would pay to have it fixed, and see if he would credit next month's rent myself.

Unless there is something in writing I doubt he has to fix it for your use.

I stand by my original post. I don't think the landlord is responsible for fixing the TV. It was left as a perk to you and your family. If you want to continue using it, you need to have it fixed. If you want it removed because you're unwilling to have it repaired, or it can't be repaired (not all problems with a TV can be fixed), than I do think the landlord would be responsible for repairing the hole the TV leaves. But I believe that would be the only thing he's responsible for in regards to this TV.

I stand with Alty. If you don't like to see the broken TV hang a curtain over it and go on with looking at your TV. The LL is not responsible for the TV working or not. Maybe the renter does not like the color of the paint on the wall, is the LL responsible to paint the walls to the renters satisfaction, no. I bet the renter is watching his TV as I speak. Case closed.

Here is an idea, Catonsville inspired... A small decorative rug or a tapestry hung on the wall covering it.

I have a small hand woven Bedouin camel hair rug a friend bought for me when he was in Israel 30+ years ago that I hang on a otherwise drab and boring wall. Then out of sight, out of mind.

There are two issues here. One is the TV a fixture and part of the premises. Based on the fact that it is built-in and based on the fact that it was clear that it came with the house BEFORE a lease was signed, it is clear that it is a fixture and the responsibility of the LL to maintain.

But the second issue is what it will take to force the LL to accept their responsibility. If the LL refuses to pay for a repair, then, in my opinion, the consequences are not worth forcing the issue.

Hanging something over the TV is a good idea. Large screen TVs are relatively cheap. A good 50" will cost under $700. You can get a 40" for under $500.

Scott, what about asking the landlord to remove the TV and repair the hole that it will leave?

Frankly I still don't think the TV is a fixture, based on what the OP originally wrote. But who knows, if he took it to court he could well convince a judge that it was a fixture, and then when his lease is up he'll be asked to leave. Who renews a lease for a tenant that sues you?

I think the OP should either have the TV repaired himself, or ask the LL to remove it, and repair the hole it leaves. I do think the LL is responsible to fix the hole.