Tenant Question About Future Rental

5 Replies

I’m about to sign a rental agreement later and wanted to clarify a clause and see what I could do about it now and in the future. I am renting a condo that comes a few appliances furnished, and it says:

“The following personal property, maintained pursuant to paragraph 11, is included: Refrigerator, Stove/Oven, Dishwasher, Washer/Dryer."

Under paragraph 11, titled Maintenance, it says:

“Tenant shall immediately notify Landlord, in writing, of any problem, malfunction or damage with any item on the property. Tenant shall be charged for all repairs or replacements caused by Tenant, pet, guests or licensees of Tenant, excluding ordinary wear and tear.”

“Tenant’s failure to maintain any item for which Tenant is responsible shall give Landlord the right to hire someone to perform such maintenance and charge Tenant to cover the cost of such maintenance.”

“The following items of personal property are included in the Premises without warranty and Landlord will not maintain, repair, or replace them: Refrigerator, Washer/Dryer.”

My question is, I understand that the refrigerator and washer/dryer comes in as-is condition and working condition. If they stop working and/or needs repair, what should I do because I chose this condo since it had a washer/dryer? Is a repair and deduct possible because it was broken through ordinary wear and tear? I saw the place before they cleaned it because they were trying to rent out the place, and the whole apartment was disgusting because of bad tenants. I am worried that the washer/dryer may have been old and badly used before. Thanks.

No, you cannot repair and deduct for the repair of those items. It sounds like those items came with the property when the landlord purchased it or they were left there by a previous tenant and they're being provided for your convenience. If they break you can pay out of your own pocket to have them repaired or replaced. If you decide replace them notify the landlord to give the owner an option to remove the broken items.

When I purchase a property that has a washer and dryer or have a tenant that moves out and leaves a washer and dryer I'll test them and if they appear to be working I'll include them with similar language and make it very clear that they're a bonus and I will not repair them for the tenant. Too many issues with washers and dryers to cover those for my tenants. I do include the refrigerator but when I lived in California it was pretty rare to see them included in the area I lived in.

Thanks for your advice. In that case, if the washer/dryer and/or refrigerator do stop working, and I do bring in my own, do I have to leave it for the landlord? I understand if repairs may be needed, but in the case where they stop working, what then.

It would be fair for you to have unambiguous language that if you had to replace the refrigerator, washer or dryer that you get to keep them. I do what Patrick does except that refrigerators are included in all mine.

Originally posted by @Kay X. :
Thanks for your advice. In that case, if the washer/dryer and/or refrigerator do stop working, and I do bring in my own, do I have to leave it for the landlord? I understand if repairs may be needed, but in the case where they stop working, what then.

If you repair the existing ones then they would still remain the landlord's property. If you purchase new ones then they would be yours. Just make sure to give the landlord the option to come remove the broken ones (i.e. don't have Lowe's haul it away for free without getting written permission to dispose of it by the landlord).

Alright. Thank you to both of you.

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