repair oven - who is responsible?

Question

Recently purchased an investment property in Newark NJ that had already had tenants living there that are MTM with no documented leases.  We have not sorted them out yet in terms of getting them on signed leases yet but tenant has been complaining that two of the burners are not working in the oven and wants it fixed. The previous owner never fixed it. Who is responible to fix appliances?

Franklin Romine · Answer

@Peter Fokas Probably just need to stick a close pin in the gas pilot and clean out the grease....

When I have bought property, inheriting tenants and problems, I would take this as an opportunity to visit, inspect the property and build a relationship with the tenants.

Frank

Patrick L. · Answer

If it's your stove then it's your repair.  Unless the tenant provided the stove or your lease specifically says otherwise you need to fix it.  You can buy new burners at Home Depot and hopefully that's all you need to do.  You can also buy a used stove for ~$150 and a brand new one for ~$300.  The previous owner probably didn't want to spend any money knowing he as going to sell it anyway.

Steve Wilcox · Answer

In NJ you are required to provide a functioning stove. As Frank Romine  said often you just need to clean out the holes around the burner with a pin on gas stoves, especially if its a bit greasy looking. If you plan on trying to salvage the relationship with the tenants better fix it sooner than later

So the stove is your responsibility to fix. I also have bought both new and used appliances, and if you are going to be in the business It is a good idea to develop a relationship with a dealer (either new or used, there are pros and cons to each) to get good pricing and service long term.

Also be careful about what you think market rents are, especially if you are on a rough block, have dirty house that needs renovations, ect. Sometimes the devil you know can be better then the one you don't if the numbers still work.

NJ is tough on laws regarding rent increase, I am not sure specifically in regard to inherited tenants who are month to month, and you should check with an experienced local attorney or property manager who knows Newark on what you best options are. If you need refrences for any of those relationships you can pm and I can share some contacts.

Richard C. · Answer

They don't require a dishwasher.  They require that if a dishwasher is present, it be maintained.

Paul Ewing · Answer

I am scared to see that they think that a dishwasher is a habitability issue.  Makes me more determined than ever not to mess with the overregulated nanny states.  Come on folks it is not hard to wash your dishes after each meal.  Sheesh takes me five minutes.

Mark Langdon · Answer

Not sure anymore on the long thread which appliance (refrigerator vs. dishwasher) but bottom line as a NJ landlord; fix any/all appliances you just inherited by buying the property; but also get them to sign a new lease before/as you are getting the appliances fixed. You need to do the right thing and fix them. After that if you want to put in your new lease they are responsible to fix in the future; that's up to you.

Richard C. · Answer

Legal Services of New Jersey.

Marcia Maynard · Answer

What is the source of this Warranty of Habitability quote? I've never known dishwashers to be required for habitability. Perhaps it is just the opinion of the author, or a poor example of which appliances fall under scrutiny. There are certain appliances that may be required and others that are not. It may depend on the jurisdiction and type of housing....SFR vs. multifamily.

Richard C. · Answer

Who owns the fridge?

Frankly I'm a little concerned about the general tone of your questions.  None of us like to spend money unnecessarily.  But providing functional living quarters, including the ability to cook food, is a basic responsibility of a landlord.

As you get new tenants, include in their leases language about how appliances are provided as a convenience but you are not responsible for them (this is ONLY for appliances you are not required by law to provide; lease language will NOT relieve you of a legal obligation.)  In the meantime, maintain your property and give your tenants what they are paying for.

Something you may find helpful:

"The warranty of habitability

Landlords have a duty under New Jersey landlord-tenant law to maintain their rental property in a safe and decent condition. This duty applies to all leases, whether written or oral. The duty to keep rental units safe and decent is called the warranty of habitability. The warranty of habitability is based upon common sense: in return for paying rent to the landlord, the landlord must make sure that the housing is fit to be occupied by the tenant.

The warranty of habitability has been held to include keeping the basic elements of your housing unit in good condition. This includes taking care of physical elements, such as the roof, windows, walls, etc.; the systems that supply your heat, hot and cold water, and electricity and gas; appliances, such as the stove, refrigerator, and dishwasher; keeping apartments pest-free and common areas clean; and providing security against crime, such as locks on doors and windows to deter break-ins."

Peter Fokas · Answer

thanks for the info. Wanted to also ask about Refrigerators. Its my understanding that landlords are not required to provide refrigerators hence any maintenance for the refrigerator is the tenant's responsibility.

Is that true?

repair oven - who is responsible?

Most Popular Reply