I recently moved in to a house with two other roommates, and all three of us are on the lease. Recently, the dryer sprouted a gas leak. We called the gas company, they identified the source and shut off the gas to the dryer. We called the landlord and she told us, in so many words, that she isn't going to do anything about it, and here's why:

When we signed our initial lease, there was a clause that said if an appliance breaks, we (the tenants) owe a 100 dollar deductible. We decided this was silly, so we had the realtor remove that clause and we initialed it. Now, the landlord is saying that the clause was later added back as an addendum, and that somebody signed it. I know for a fact that I did not sign the addendum, and my other roommates told me that they don't remember signing it either.

So, my question is threefold:

1. Assuming this ridiculous clause has been removed from the lease (which is the case according to my copy of the lease), how should I go about getting the dryer fixed if the landlord refuses to do it?

2. Assuming one of my roommates signed the clause, but the other two didn't, is it even valid if all three names on the lease did not sign it?

3. Assuming the clause was signed and is valid, wouldn't the landlord have to initiate repairs anyway?

The landlord also said that she wants us to pay the $100 deductible for repairs that were made to the property when we moved in (pre-existing conditions)- she's being outrageous. I would love to find a way out of the lease, but I'm sure it won't happen.

First, did the landlord sign your amended and initialed copy? Second, has the landlord supplied you with a copy of the addendum showing any signatures.

To try and answer your specific questions
1. You send the landlord a letter stating that the appliance needs to be repaired within x days. If its not you will contract for repairs and deduct it from your rent.

2. No it would not be valid without all leasees signing

3. Yes, and then bill you for the deductible

Now let me say that I didn't find that clause "silly". I think it's a reasonable protection for the landlord against incidental damage.

I disagree with response to #2. If one lessee signed, the clause would be effective against that lessee which is problematic.

Ask for a copy of the lease addendum with the clause IN it and signatures of who signed it.

Otherwise, have the dryer fixed, send bill to the landlord and if she does not pay it, sue her in Small Claims court and let her explain the addendum mess to the judge.

Well we just have to disagree here. Unless one leasee was designated to act for all, I don't think their signing would be binding on all three for shared facilities. One leasee could sign a separate addendum that only affected their portion.

Thanks for the responses. I am also confused as to whether one signature would bind all three of us as well. I've submitted a letter to the landlord asking for a copy of what she has, since I have nothing that has my signature on it including the addendum.

I guess I should explain why I called that clause "silly"- the appliances in this house are all over 10 years old, and I don't really want to have to pay anything when they finally die of old age.

I've also decided that the safest thing to do is what cvillecpm recommends- I will send her notice that if it is not fixed within X days, I will have it fixed and send her the bill (and sue her if I have to). I'm always very hesitant to deduct anything from rent because I don't want her to begin an eviction process, even if I do have papers to back myself up.

Thanks guys!

Ok, I will disagree against the tide here I believe.

If the three people renting, scratted out the clause ( which is not silly it is just a term of the lease,they did not have to lease) but if they signed by it, but if the owner did not also initinal and sign the change it is not a valid change, it was only what the renters wanted to do, but did not change it, the clause would still be effective unless the owner had agreed to it. The owner merely wrote it back in, since he did not agree with crossing it out. He would not have even had to notify the other people since they signed the actual lease without knowing if their clause removal was approved by the owner or not, The owner did not approve the change, and wrote it backin since the scracthed it out.

And no if there are working, although ued items in the home, and these are being used, it is not wrong to expect the tennants to help keep them up.

Unless specificly listed in the lease as provided, the landlord does not have to repair it, he can merely remove it and just not furnish one

I made the assumption that the landlord signed the initialed copy. But Chuck is correct, if the LL did not agree to the change, and put it back, then its would be considered valid.

Unless the Lease specifies that certain applicances are to be provided, the LL could just remove broken applicances. The only things a LL could be required to provide is a refrigerator and a stove. Dishwashers, Clothes washers, clothes dryers are not necessities to livability.