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Karen Jackson
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Fridge Breakdown Tenants Seeking Compensation

Karen Jackson
  • Specialist
  • New York City, NY
Posted Jul 19 2022, 15:54

Hello BP, 

So I own a property in Bridgeport CT one of my tenants fridge broke down. It stop working since Saturday and they just told me on Monday. I sent out a repairman, the parts will be in within the next few business days. The tenant is sending me picture of the inside of the fridge saying their food is about to spoil.

Is it my responsibility to aid them with this or they should try to find means of preserving their food in the meantime while we wait on the parts?  Cause the way they are texting me it seems like they're insisting I pay fro their groceries or provide some form of compensation for their food spoiling..

Thanks! 

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Theresa Harris
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Theresa Harris
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Replied Jul 19 2022, 16:01

If they let you know on Monday and you called a repairman to get there ASAP, then no.  By a few business days, could you have found someone to get there Tuesday or Wed am?  They waited 2 days to contact you.  As long as you've done everything to get it fixed or replaced as soon as you can, then no I wouldn't pay them for the food.  Food is fine in the fridge for a while without power.  Their delay in letting you know contributed to the time it takes to get fixed.

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Bill Brandt#3 1031 Exchanges Contributor
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Bill Brandt#3 1031 Exchanges Contributor
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Replied Jul 19 2022, 16:05

Their recourse is the same as yours if your fridge died or theirs if they owned a house and the fridge in it. They can eat the food, they can store it at a neighbors, they can buy a party fridge. 

Have them file a claim against their renter’s insurance but the deductible is probably higher than the value.  Because, as Al Buddy and Homer a Simpson both found out, insurance only covers actual losses, not made up ones. 

Good luck, hopefully the lease is up soon and you can each go your own ways. 

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Nathan Gesner
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Nathan Gesner
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ModeratorReplied Jul 19 2022, 16:13

Bill nailed it. If your refrigerator dies in a house you own, you eat the cost or you file an insurance claim. The tenant is in the same boat. The only exception would be if you were somehow negligent in maintaining the refrigerator.

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Karen Jackson
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Karen Jackson
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Replied Jul 19 2022, 16:33

Thank you for all the feedback, I greatly appreciate it. I would think they would want to purchase a cooler or buy some ice to preserve the food. Furthermore the guy said they waited to mention it because they thought it would've started back working again. Like really? 

But nonetheless, thank you all. And I will suggest that they file a claim with their renters insurance.

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Greg M.
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Greg M.
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Replied Jul 19 2022, 16:46

This is why you should always have this clause in your lease: Landlord is not responsible for damage or loss due to the failure of the appliances or the interruption of water/gas/power to those appliances, including but not limited to the loss of food.

The tenants can go to the market and buy some 20 pound blocks of ice and stick them in the fridge and as long as they don't keep opening the door, it will keep it cool long enough for the repair. 

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Karen Jackson
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Karen Jackson
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Replied Jul 19 2022, 16:58

I actually suggested they pick up some dry ice, I said hey is there any where near by that sells dry ice? he said No. So today I sent him screenshot of a place right within miles and he said this is not doable why didn't I suggest that yesterday. I would think that's common sense. But common sense isn't too common with these tenants. 

Yet, I like that cause and I will be adding it into my lease moving forward. Thank you 

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Chris Seveney
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Chris Seveney
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Replied Jul 19 2022, 17:33

@Karen Jackson

No.

That’s what renters insurance is for. Now whether you want to reimburse us a business decision but your not obligated

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Guy Yoes
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Guy Yoes
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Replied Jul 20 2022, 13:07

I recently bought several duplexes that had the refrigerators when I purchased them. My contract states that the appliances (excluding the stove are not covered).

I did this for several reasons:

1. I am tired of cleaning out refrigerators that had food left in in it for days

2. I inform my new tenants that a refrigerator is not provided

3. Tenants leave the non working refrigerator in the drive and expect me to haul it off.

4. lastly they complain that it is too small or they don't like the color.