Tenant withholding rent for Fridge

6 Replies

Location: California. 

A tenant is withholding rent because the fridge is occasionally leaking on the inside. 

It has been leaking on the inside for about a month now, but I already had professionals head there and told her to contact our maintenance manager to fix it, however she hasn't done it.

Now she is withholding rent. As far as I know a fridge is considered an amenity and is not considered part of the habitability laws. Who is in the right and what should be done?

Send her a 3 day pay or quit notice , tell her filing for the eviction will follow . Add the late charge . 

Sounds like a small drain for the frost free feature is clogged 

Originally posted by @Matthew Paul :

Send her a 3 day pay or quit notice , tell her filing for the eviction will follow . Add the late charge . 

Sounds like a small drain for the frost free feature is clogged 

Yep agree with everything above 

Legally, in most jurisdictions, tenants are not permitted to withhold rent for any reason (they can pay it to the courts). By withholding rent they are in violation of their lease and your state landlord tenant codes.

Pay or quit, collect the late fee, then evict or non renew if they are M2M or at the end if their lease. You never want to keep a tenant that would withhold rent. They are terrible tenants and will continue to be a problem. Get rid of her.

@Johnny Mey I used to provide fridge and stove in my rentals.. that ended 3 years ago . As tenants moved out I took them out and left them in storage to replace any existing.. slowly as people move out there will be none left.. I don't charge any less to not have any.. a lot of rentals it's normal not to have them

@Johnny Mey Welcome! Depending on what the leases states with regard to appliances should dictate your action. I personally would just fix the dang fridge for the tenant. It has been a month! Do you want water leaking all over your unit? Why is everyone so fast to evict people? Just fix the thing. Probably $75 to $100 to fix? Good luck and keep us posted.