Fridge Broke Down - Tenant Requests Reimbursement for Medications

Fridge Broke Down - Tenant Requests Reimbursement for Medications

Seattle, WA · Member since 2016 · 48 posts · 27 votes

Hey BP members, I have an interesting situation.

I moved a new tenant into one of my properties 2 months ago.  She is a great tenant and have had no problems so far.

Recently, I was informed that the fridge was working sporadically - then had stopped working all together after 3-4 days from initially noticing the fridge was not getting cold.  I immediately contacted a repair person and scheduled everything to be looked at the next day.  The fridge is still under warranty, and was told the repair will be completed in a week due to a part that needed to be ordered.

My tenant asked if she could be reimbursed for food lost the 3-4 days the fridge was not working well.  

I said I would have to make a reimbursement request.  I asked her to message me a short itemized list of food lost, and I'll run it by the company for reimbursement.

I just received the itemized list, and she included $100 worth of food (which I am fine with) and an additional $350 for her insulin medication she said that was thrown out because it had to be in the fridge.

Now like I said, I have no problem with food loss.  But, the medications?

I've never had an issue like this arise before.


What would stop this tenant or future tenants to say - "Hey, I lost $2 million dollars in medication in your fridge that broke down....give me my money" 

Because she is a good tenant, I am considering going ahead and reimbursing the food and the medication.  On a condition moving forward, we add an addendum stating that refrigerator will only be used for food storage, and that I the landlord is not responsible for any special medication that requires refrigeration.  And that the tenant will provide a mini-fridge for their medication. 

I am considering adding an addendum like this to all my leases.

Before I contact the tenant, I would love to hear opinions on this.  

Thanks in advance to all who's read and respond to this post.  

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Kim Meredith HamptonBusiness Member
Real Estate Broker · St Petersburg · Member since 2014 · 2k+ posts · 2k+ votes
9y

@Radley Estrada I used to have medication that had to be refrigerated, but I also knew that if I was on a long flight, I would put a freezer bar in a package with my shots. If she knew the fridge was not cooling, which soundsbiulke she did, that was her responsibility to put in a cooler until such time as it was repaired. 

I say NO on reimbursement 

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  • Kim Meredith HamptonBusiness Member
    Real Estate Broker · St Petersburg · Member since 2014 · 2k+ posts · 2k+ votes
    9y

    @Radley Estrada I used to have medication that had to be refrigerated, but I also knew that if I was on a long flight, I would put a freezer bar in a package with my shots. If she knew the fridge was not cooling, which soundsbiulke she did, that was her responsibility to put in a cooler until such time as it was repaired. 

    I say NO on reimbursement 

  • Investor · Richmond, VA · Member since 2016 · 1k+ posts · 2k+ votes
    9y

    @Radley Estrada,

    Does she have renters insurance?   It sounds like something they'd compensate for, not the landlord.   Also, if she knew it wasn't working, but didn't tell you, sounds a little fishy.. why wouldn't she immediately tell you, so she could get a new one?   If I needed medication, and needed refrigeration, why didn't she run to the store and get a few bags of ice or something?   Why not tell you-- and say you need to get a new fridge ASAP or my medicine will go bad, at the very least... ? again all seems a little crappy...  

    If she's a really good tenant and you think it's a strong, long term relationship,  I'd offer to compensate her a bit ($50-$100) but in general, I don't think it's your fault or responsibility.

  • Jennifer T.Pro Member
    Investor · New Orleans, LA · Member since 2014 · 1k+ posts · 944 votes
    9y

    I've been a Type I diabetic (insulin dependent) for over 20 years.  That's a lot of b.s.   Yes, insulin that is being stored, should be refrigerated.  It basically helps with its longevity.  But it doesn't go bad in a few days.  Heck, it doesn't go bad in a few weeks.  Unless it "maybe" gets to really high temperatures.  Higher than what would be in a house, much less a refrigerator.  Even a non-working one.

    For example, insulin that I am actively using (ie the current vial or pen), I don't keep refrigerated.  Because that would be a PITA.  It takes me a week to go through the insulin in one pen and about 2-3 weeks for the insulin that is in one of my vials.  Though I do keep my insulin supplies I am not actively using in the fridge.

    I'm not going to say your tenant is a liar, but she is...at best...mistaken.  She did not need to throw that insulin away.  If she even really did that.

    Quite frankly, you don't even need to get into all of that.  Like others have pointed out, if she was really all worried about it, she could have easily mitigated her damages with a cooler and a bit of ice.  Sure, a bit of a hassle, but worth it for $350 worth of medication.

  • Johnson City, TN · Member since 2014 · 586 posts · 705 votes
    9y

    Are you saying that your tenant is going without a refrigerator for 10 days?

  • Seattle, WA · Member since 2016 · 48 posts · 27 votes
    9y

    Thank you everyone for your responses, as it has given me a lot to consider.

    I require all my tenants to have renters insurance, and may be something I look into.

    @Account Closed - Laws in my area require I correct the situation with-in 72 hours.  

    I should clarify.  The chronology of events went like this: I was contacted about the fridge being down.  I had a repair person evaluate the fridge the next day.  The repair person said the soonest the part can be in and the fridge can be fixed would be 2-3 days.  The tenant said she wanted to be there when the repair was made, and her earliest day off from work would be in a week.  I mentioned that the repair can be made without her present.  She refused.  So, we scheduled the repair on her soonest day off. 

    My desire and ability to have the repair done with-in 72 hours was changed to 1 week because of the tenant.  She stated she would be OK without a fridge for that time.  She said she wanted to be there when a "stranger" was in her apartment fixing the fridge.  And she wanted reimbursement for her loss the 3-4 days her fridge was acting sporadic.  Fair enough.

    It boggles me why for 3-4 days, the tenant's medications went bad when she thought there might be a problem with the fridge.  But, she has a plan for her medications if she doesn't have a fridge for a week.  

    Honestly, I'm not even worried about the $350 reimbursement for her meds.  I have a healthy emergency fund.  

    I just want to know if anyone reading this has a clause or addendum in their lease regarding this type of situation.  

  • Investor · Prairieville, LA · Member since 2015 · 311 posts · 424 votes
    9y

    @Radley Estrada   

    Have your tenant contact her medical insurance carrier.  Most have replacement plans for lost/damaged/vacation medication supplies. Often, it will be free or she would just pay the co-pay.  I am in agreement with @Jennifer T. There could have been some personal responsibility on her part.

  • St Thomas, Ontario · Member since 2013 · 575 posts · 408 votes
    9y

    @Radley Estrada The tenant's demands to be present when the refrigerator was repaired pushed repairs far out into the future. I say she explains all of this picky behavior to her renters insurance company when she files a claim for food and medication loss. Don't pay a penny. You will just encourage more of this crazy and entitled behavior. This is not a good tenant. Dont encourage, reward or play to her actions. She needs to learn that her actions have consequences and that these actions in particular are going to have costs that she is going to have to bear.

  • Investor · Calgary, Alberta · Member since 2016 · 168 posts · 123 votes
    9y

    Well I can't speak to the shelf life of insulin, my first thought about adding an addendum is that putting something like, "Landlord is not responsible for any medication that requires refrigeration" should be sufficient. I personally wouldn't say they can't store medication in the fridge or must provide a mini-fridge for it - what a hassle, and people aren't going to do it anyway. Besides, it's not having medication in the fridge that's the problem, it's that you aren't responsible for it that a tenant may take issue with. 

  • Member since 2016 · 13k+ posts · 12k+ votes
    9y
    Not your responsibility. Have her file a claim under her renters insurance.

    Some landlords seem to imply they would respond differently to a good tenant as opposed to a bad tenant. That would be discrimination and not appropriate. The fact that a tenant may be a "great tenant" is irrelevant. As a landlord you treat them all equally.

  • Ryan MurdockPro Member
    Rental Property Investor · Austin, TX · Member since 2016 · 1k+ posts · 1k+ votes
    9y

    All of my leases state that the tenant is required to have renters insurance and that the landlord is not responsible for ANY personal property. I make a point during lease signings to go over this and I give examples - specifically a dead fridge with $300 worth of steaks that go bad. The fridge is my problem, the steaks are not.  In a case like this (or a fire, water leak, etc etc) this clause has saved me loads of additional aggravation.

  • Investor · Cathedral City, CA · Member since 2014 · 481 posts · 170 votes
    9y

    Here is what I do with the fridge. I place it in the garage. When I show applicants the home for the first time, I state that they are welcome to use this fridge, but no guarantees, as the last tenant left it behind. This way I won't get a call when it stops working. 

  • Seattle, WA · Member since 2016 · 48 posts · 27 votes
    9y

    Excellent advice everyone.  

    I'm changing my stance of desiring to help pay for the loss medication, to having the tenant contact their renters insurance company.

    I feel that medication does fall under 'personal property'.

    I will update shortly.

  • Investor · Jasper GA · Member since 2015 · 1k+ posts · 1k+ votes
    9y

    Another example why I do to supply a ref.

  • Investor · Jasper GA · Member since 2015 · 1k+ posts · 1k+ votes
    9y

    Another example why I do not supply a ref.

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