Should I fix the washer?

Question

My tenant emailed me asking me to change the lease which including the appliances. He used the washer today and it leaves water after the cycle. Last week, his wife called me and I came to the house, the washer was operated just fine.

During the viewing, I told them that these appliances are not part of the lease. I sent him the lease to go over before signing it weeks before. Then when he signed, I told him again and again.

I don't mind getting him a washer (used one) for this one time. But I feel he is going to be a pain on the butt going forward.

This is what I have in the lease

Any appliances located in the Premises on the date of this Lease are furnished solely for the convenience of Tenant and are not a part of this Lease. Landlord assumes no responsibility for their operation. Tenant shall perform, at Tenant’s sole expense any maintenance required on the appliances. Landlord agrees to remove appliances at the request of Tenant.

Thanks

Chi

Thomas S. · Answer

I would advise you remove the washer and dryer if they are not included with the unit and resolve all your future issues. If other landlords only provide hook ups you should be doing the same thing.

They are not in the lease so remove them, do not repair, do not replace. It is not your responsibility and you should inforce your lease as it is written and signed.

Yvette M. · Answer

I agree with Thomas S., you may be doing too much if othe LLs in your area only provide hook ups. As a business decision, I would not fix or replace. I have w/d in my rentals and my lease says they work "as is".

Quynh-Chi Nguyen · Answer

Thank you everyone for you input. Since the tenant moved in not too long ago, I decided to replace the washer / dryer. I bought a pair of washer / dryer for $180. The guy was asking for $200 but once I got there, I said $180 please :-). They are roughly 3 years old and in excellent condition. I told the tenants that this is a one time thing in writing.

So the reason why the cycle left the clothes very wet was because of the drain hole. It was heavily bend at the bottom.

Have a good weekend everyone.

-Chi

PS: You guys are the best.

Joe Splitrock · Answer

@Quynh-Chi Nguyen early on I would leave the washer and dryer and make agreement with the tenant that they owned them. It never failed that they would break and they would want them fixed or would leave them behind for me to dispose of when they left. Now when I buy a new house, I sell the washer and dryer and rent without. In my market stove, fridge and dishwasher are standard and I do cover those under my lease. Washer and dryer are the least reliable appliances because they are mechanical. I also remove water softeners and furnace humidifiers.

The black tar markings are probably from the the shirt getting caught between where the drum rotates and the housing. I have had this happen and I had to replace the dryer. The repair was too much money.

I would probably tell the tenants you will have the appliances removed per the lease. If you buy used, expect more problems in 6 months. You would be better to haul out the appliances and give them a $300 rent credit to put towards their own washer dryer.

Mike F. · Answer

Here is the problem-

If you supply the washer and dryer they are listed in the lease and the tenant has responsibility to maintain properly and notify you if there is a problem and if he doesn't maintain or uses the washer when it has a problem and never notifies you and the washer damages the property he is liable. If you don't supply the washer per your lease, but do supply the washer for whatever reasons you have you've eliminated the tenants liability to damages.

In short I'd recommend you either supply the washer as you have been but add it to the lease and make them responsible for maintaining it and notifications or remove the washer from the property.

You could offer some alternative options right now in regard to the washer problem:

1) Tenant pays to fix washer, if he doesn't want to you remove it

2) You split the repairs,  if he doesn't want to you remove it

3) You pay for the repairs

4) You remove the washer

All but number 4 leave you liable because your lease doesn't put any responsibility on the tenant. If you do 1,2 or 3 you should add and addendum to the lease.

Jason Hartley · Answer

Most importantly you don't want water damage from the washer if it is leaking.  It's a grey situation if they told you about a leak and you don't address it.  Given your language, it can probably come off their security deposit if left but water damage can quickly become more expensive than a security deposit.

I would fix it, and remind them that future repairs are their responsibility.  The next time it breaks you'll remove it and not replace it if they don't service it.

In the future, let them provide their own w/d.

Charles Morgan · Answer

With the additional complaint about the dryer, I would have to echo the advice to offer to remove them free of charge. :-)

Andrew S. · Answer

I would not have that paragraph in my lease in the first place (i.e. appliances are included in my lease), but if local standards are to provide hookups only, as since you have that specific paragraph in your lease, there is no way I'd "give in this one time".  That will set a precedent that the tenant may be able to use in court if push comes to shove next time.  The fact that the tenant now comes back with a complaint about the dryer only re-enforces that concern.  Offer to remove the appliances.

Kelly N. · Answer

I would bet the filter is plugged up- we had the same thing happen and it was due to one of the tenants overstuffing the washer and a little tiny sock going over the side of the tub and down into the pump, clogging it up.

Quynh-Chi Nguyen · Answer

@Charles Morgan - what about this as state it by the tenant "the dryer is ruining my dress shirts by leaving black tar markings". When I was living there, it was fine ...

Should I fix the washer?

Most Popular Reply