Refrigerator Went Out While We Were Out of the Country

Refrigerator Went Out While We Were Out of the Country

Contractor · Denver, CO · Member since 2009 · 399 posts · 166 votes

My wife and I manage our own properties and were out of the country when a tenants refrigerator went out. We had our Dad go check it out and he seemed to think it was running fine. The tenant claims that it was running, but not cooling. We just got back and March 1 rent is due. The tenant is claiming that she talked to her brother (a big landlord in town and her mom) and has stated that they think a fair rent deduction will be $150. She is claiming that she had spent $100 in groceries and had to eat out extra because the refer wasn't working.

We got a spare refer to her this past saturday2-27 and her original request from what I can gather at this point came in around 2-22 through 2-24. My plan is to fully investigate what happened to the extent of my ability and then negotiate something out of next months rent or some other payment. However, if she doesn't pay march 1 rent in full without allowing me to do my investigating I am going to serve her with a 5 day pay or quit which would be her first breach of lease. WI allows two before you can evict. I am ok to work with this person, but what is the right thing to do here. I don't think I am being unreasonable and feel she is trying to take advantage of the situation. At the end of the day $150 doesn't seem like a lot of cash, but it's the principle of it. Any thoughts or comments.

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Rental Property Investor · Mercer Island, WA · Member since 2008 · 22k+ posts · 14k+ votes
16y

My lease says:



I'd tell her she should have put her stuff in a cooler and called an appliance repairman or bought a new fridge. I'd tell her I'd get the old one out of there as soon as I could.

Of course, you need to know you local law and be sure they don't mandate a fridge.

OTOH, if its really dead, and she was a good tenant that had been there a while and always paid on time, I might give a little leeway. You've replaced the fridge. Spoiled groceries are something the tenant could have dealt with.

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  • Rental Property Investor · Mercer Island, WA · Member since 2008 · 22k+ posts · 14k+ votes
    16y

    My lease says:



    I'd tell her she should have put her stuff in a cooler and called an appliance repairman or bought a new fridge. I'd tell her I'd get the old one out of there as soon as I could.

    Of course, you need to know you local law and be sure they don't mandate a fridge.

    OTOH, if its really dead, and she was a good tenant that had been there a while and always paid on time, I might give a little leeway. You've replaced the fridge. Spoiled groceries are something the tenant could have dealt with.

  • Attorney · Raleigh, NC · Member since 2008 · 4k+ posts · 1k+ votes
    16y

    A week is too long for a dead refrigerator to stay unreplaced. That's not really fair to a tenant who's come to rely on your lease provided appliance. I'd settle with her for $150 and chalk it up as a lesson in the future to have an appliance repairman number ready for things like this so you can respond quicker in the future. It's a cheap lesson and easily fixed.

  • Specialist · Las Cruces, NM · Member since 2009 · 557 posts · 71 votes
    16y

    I'm gonna have to agree with Tim on this one. There's no need to make an issue of this. The tenant will most likely win this if you're forced to go to "landlord" court. Which at the end of the day will cost you much more than $150.
    I'd suggest using Jon's appliance clause in the future.

  • Real Estate Investor · OH · Member since 2008 · 4k+ posts · 1k+ votes
    16y

    Jon's technique is valid if you are allowing tenant's to use appliances that are in the unit, but you aren't really providing appliances. For example, I use a clause like that when a previous tenant leaves their washer/dryer and the new tenant wants to use it. They are free to use it, but I'm not repairing it or replacing it. In other words, they're not part of the lease.

    If you are PROVIDING appliances, then letting a tenant go without a working refrigerator is inexcusable and I think that you do owe them (legally and morally) something for their trouble and your breech of the lease. I would give her the $150 credit along with an apology and move on. This is YOUR fault, not the tenant's.

  • Property Manager · ID · Member since 2010 · 3 posts · 0 votes
    16y

    In our area there are some insurance companies where their renters insurance policies will cover spoiled food from a refrigerator that died.

    We heavily advise tenants to obtain renters insurance. If a fridge goes out and my repair man is out there the same day, we have done everything we could in a timely fashion. So If a tenant then ask for reimbursement, we tell them that their renters insurance will cover the cost (whether they actually have it or not isnt our problem). Besides, tenants need to take some initiative if they see the fridge isn't cooling and place their food in a cooler until we can get our maintenance guy out there (especially if my guy will get to the fridge the same day), Its simply irresponsible for tenants not to try and help themselves.

    Yet if something like your situation happens to us, where for whatever reason we cant get our repair man out there in a reasonable time, we will give the tenants the benefit of the doubt and give them some credit.

  • Contractor · Denver, CO · Member since 2009 · 399 posts · 166 votes
    16y

    Thanks for all your input. We got a service guy out there right away and found out the refer was shot. Had the refer replaced that same day. We talked it over with the tenant and gave her the $150 credit. We also thanked her for being understanding of our situation. We new exactly how to handle it had we been available. We just weren't properly prepared to leave our properties to someone else's management. Chalk it up to experience. Thanks again.

  • Attorney · Raleigh, NC · Member since 2008 · 4k+ posts · 1k+ votes
    16y
    Originally posted by Jared S:
    In our area there are some insurance companies where their renters insurance policies will cover spoiled food from a refrigerator that died.


    The deductible won't cover the loss and you can bet that if they did have a loss higher than the deductible, the renters insurance company would subrogate against your liability coverage and you'd have a claim on your record when it was all settled. Better to settle before insurance in these cases.

    The time to use spoiled food coverage is as an add-on to a bigger loss when you really need it.
  • Joshua D.Pro Member
    BiggerPockets Founder · HI · Member since 2008 · 16k+ posts · 5k+ votes
    16y

    Great advice all, as always!

    Emilio - Just a FYI - short hand for a refrigerator is fridge --> refer is shorthand for something altogether different. :lol:

  • Real Estate Investor · OH · Member since 2008 · 4k+ posts · 1k+ votes
    16y

    Now THAT IS FUNNY!!! LOL!

  • Real Estate Investor · Audubon, PA · Member since 2009 · 13k+ posts · 8k+ votes
    16y

    Was this place located in Milwaukee, WI? And wasn't that week in February cold outdoors in that area? Do they have an outdoor area on the property where some of those perishables could have been placed without damage / loss / theft?

    Sometimes, a little improvising is needed.

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