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lungs101 · Jun 19, 2009, 01:23 PM

Well I am a renter of a small 3 bedroom house in Kansas, when we moved in the refrigerator and stove was in the kitchen. The refrigerator went out (stopped working) 2 days ago. I informed the landlord of the problem, she told me through a messenger (her daughter) "I left those when I left so they are mine & if they go out they (me) are responsible for the replacement." It is not the money issue, I can afford to replace it, it is the principle. Who is responsible for the replacing? Does this fall under the repairs section of my lease?

LisaB4657 · Jun 19, 2009, 01:28 PM

What does your lease say about appliances and repairs? If the lease doesn't say anything about it then the landlord is responsible for it, because the landlord provided it as part of the rental. But read the lease carefully before you talk to her about it again.

lungs101 · Jun 19, 2009, 03:24 PM

Originally Posted by LisaB4657

What does your lease say about appliances and repairs? If the lease doesn't say anything about it then the landlord is responsible for it, because the landlord provided it as part of the rental. But read the lease carefully before you talk to her about it again.

Thank you for your quick response, the lease doesn't say anything about the appliances, I thought the same way, that the landlord is responsible. I spoke with a law office (not the lawyer, but I guess a para-legal) she said that since I didn't include the appliances in my lease then they are in fact my responsibility to replace. I asked her (para-legal) then who is responsible for removal of the broken appliance since according to the para I assumed ownership when I started using them, she was stumped. I then asked if they belong to me I can also take the stove that was "left" (I wouldn't do that, I have morals) is that okay as well? She said, yes and said that if I tell my landlord then she may replace the refrigerator. Ugh, why does this have to be so hard, if it was there when I moved in it should be implied that it is the landlords responsibility, right? Thanks again.

ScottGem · Jun 19, 2009, 03:34 PM

I think that paralegal needs to go back to school. Fixtures and certain appliances are the responsibility of the landlord.

Send the landlord a letter stating that fixtures are the responsibility of the landlord to repair just as much as the roof would. That, if she does not repair or replace the unit within 2-3 days, then you will do so on your own and deduct the cost from your rent.

I would then place the cost of the repair into an escrow account and see if the landlord tries to take action against you. If you lose, then consider the refrigerator yours to keep when you move. You have a choice to sell it to the next tenant or take it with you.

AK lawyer · Jun 19, 2009, 04:00 PM

Originally Posted by ScottGem

I think that paralegal needs to go back to school.

A little understood point is that paralegals are not qualified to give legal advice. That is the function of attorneys.

Fr_Chuck · Jun 19, 2009, 06:23 PM

Yes, in property the paralegal can not even give you advice, if they do, they are actually breaking the law,

And this is the issue, I think that small claims court will give you the win,
But you are out of one working now, and unless you can do without it for 5 to 8 weeks, you have to go out now and get one, and pay to have the other hauled off.

Then you sue the landlord for the payment ( I would try and get something from them in writing, or at least recorded on the phone saying they won't replace it)

Now of course, after you sue a landlord you can expect them to look for reasons often to evict you.