Am I required to fix with similar amenities to what was broken?

Question

I recently have a new tenant, and when rehabbing I installed a bathroom mirror with a backlight, that had a glowing ring on the mirror that is used to turn the mirror on/off. After a few months, the tenant has reached out saying that the glowing ring no longer turns on, and is stating that it is no longer functional. However the light still turns on.

1. I would argue that the small glowing ring, isn't necessary to fix as long as the light still turns on and functions normally.

2. Could I simply replace that mirror with a normal mirror if she wishes it to be replaced? Or am I required to install a similar mirror with the backlight?

Thanks in advance for your input.

JD Martin · Answer

The lesson here is not to use specialty things like that in a rehab. Then you wouldn't be in the position one way or the other. In general you would replace like for like, since the expectation was that the tenant was renting the material thing they saw when you advertised it for rent. The exception to that would be if you listed it as not maintained in the lease or if your best efforts prevented you from going like to like and thus you had to go reasonable equivalent. In other words, if the light with the glow ring is discontinued, or now costs 500% more than it used to, it would be unreasonable for you to replace like with like because the primary function of the object is the mirror and the light, not the glow ring, and no court would find in the tenant's favor if it were litigated (no one is going to litigate over a mirror).

Bob H. · Answer

You might want to tell the tenant the approximate cost of replacing the whole mirror and explain that, for small things, you have to stick to a practical solution, which in this case might be no glowing ring. I fix a lot of things, so if it were my rental I probably would try to take the light apart and figure out what's wrong with it.

As for the warranty idea, I try to buy with a credit card that provides an extra year of coverage on items that come with a warranty.

Shawn Zimmer · Answer

I am not sure if you are required to, but if the repaired item genuinely reduces the value of the flat but you maintain the same rent, then the tenant may be left disappointed.

Christpher Schuebel · Answer

Is there any kind of warranty on the mirror. If it is only a few months old I would check to see if you could get a new one. I would assume you spent extra money on this mirror so you could attract and keep a quality tennant and would hate to loose out and have to pay to have a vaccancy and find a new tennant.

Gabe Waldrep · Answer

I would agree with Jacob. If the light still turns on and functions, then I would not fix it. But I would have that conversation with the tenant. Maybe let them know that if after a few months of paying rent on time, you will look into repairing or replacing it with something similar. Definitely have a conversation with the tenant, letting them know that it is not a critical item but you will repair it in time. Set a deadline and a goal.

Jacob Sampson · Answer

It's your choice. I don't think you fix it. I also think this is a good opportunity to set some boundaries with the tenant. Critical issues will be taken care of quickly and efficiently. Small items may not.

The mistake some landlords make is to just ignore the tenant request. That just irritates them. The better move is to have a reasonable conversation with them and set the expectation.

Philip Johnson · Answer

You are expected to replace with similar amenities unless you have some clauses in your lease. Such as if a garbage disposal fails, replace with a garbage disposal. However, do you have to replace a 1.5 HP garbage disposal with a 1.5 garbage disposal? Absolutely not, this is your choice as a landlord. If you're charging premium rent with a nice rehab I'd replace with same features. If you're lower end market and just basics in the house, I would not replace it with another backlighted mirror.

Am I required to fix with similar amenities to what was broken?

Am I required to fix with similar amenities to what was broken?

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