dents in fridge by colliding with dishwasher - normal wear&tear?

Question

Hi everyone,

When we gave our landlord notice that we move out, she let us know that she wants us to replace the fridge door since it has several (6) little dents in it. This was news to us, since they are so small and we never even noticed.

They are caused by the fridge door colliding with the dishwasher when they are both opened at the same time or the dishwasher isn't shut all the way. One dent was already on the fridgedoor on a picture we first saw when we applied to rent this place. Who knows how old this picture is though... It was her living in it, then it was an airbnb, then another tenant and then us. We assume that the picture was taken before the first tenant.

We say that due to the fact that there has been previous damage on the fridge (caused through this exact layout) before we moved in, we should not have to pay for it, even though we might have contributed to the damage. We both don't recall having it happen to us, but I'm not saying we didn't damage it either.

We say it is normal wear and tear due to the layout of the kitchen. They collide. It happens. It's built that way.

Any thoughts would be greatly appreciated.

Cheers,

Alessandra

Scott P. · Answer

Sounds like a lousy kitchen layout to me.

I had a difficult to open laundry closet door which was due to how far the gas pipe for the dryer stuck out from the wall. (Dryer also had electric hookup which is what we used. I know...i could've paid a plumber to shorten the pipe, especially since I used the electric service not the gas.) Anyway, I coached the tenants about this and your landlord should've coached you about the two doors hitting.

I recommend apologizing and stating like you did above that you admit maybe you or a guest added to a dent that it seems to have already had. I'd ask not to be charged due to the layout and lack of warning if you were not told about this. I'd suggest it's normal wear and tear due to the layout. I'd ask if the frig is depreciated over 7 years and how many it's already been depreciated and agree to pay no more than the left over depreciation less some value for the dent that was already there.

I'm not sure if I'd take the time to go to small claims though if the landlord refuses. It would depend on how much money is at stake and how much time it would take. Plus, in my area, the landlord tends to pretty much always win.

So....if the landlord charged more than seemed fair to me based on my notes above, I'd share the thoughtful, reasonable explanation you gave above, plus any photos I might have, with the world online and let the landlord's future tenants have the benefit of your experience.

Admittedly, we're only hearing your side of the issue though.

Max T. · Answer

I bet if you open all of your cabinet doors at once, some will collide and be damaged. Doesn't mean you should do it and doesn't mean it is normal wear and tear.

But if it was already damaged you should only be held responsible for a depreciated amount.

PJ M. · Answer

To me the general question would be, if you were careful, would this have happened?

If the answer is no, it wouldn't have, then neglect (neglecting to operate in a safe and careful manner) caused the issue.

If the answer is yes, then it is expected and normal.

For example, I have rentals where if you push the front door open it will ding the wall and put a small dent in it. Do it enough times and it will put a hole in the wall. Tenants have done it. However, if you open the door carefully (and not give it a hard push open), the door operates fine and never bangs the wall. That's the difference between a careful and safe operation and a carefree negligent one.

dents in fridge by colliding with dishwasher - normal wear&tear?

dents in fridge by colliding with dishwasher - normal wear&tear?

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