Q: What appliances/ fixtures are residential landlords responsible for?
I am a home owner and would like to know what am I responsible to repair for my tenant if he breaks/damages it due to his negligence? I had to replace a good working ceiling fan because he kept ranking so hard. Now the oven door frame has to replaced on a new stove and all he is said was that he opened the oven door by the handle, a screw was loose and when he tightened it it broke. The kitchen counter has numerous scratches where the paint is chipped off. Is a tenant responsible for the upkeep and cleanliness of the apt? What items am I legally responsible to repair/replace if it has been broken due to wear and tear and not the mishandling of items? Stove, pipes, radiator and light fixtures? Am I responsible for a fridge? If my tenant continues to be negligent on how he is handling the appliances can I have him be responsible to repair if it’s in the lease?
Dear Brooklyn Home Owner:
Generally, in an ordinary apartment residential rental, the landlord is always responsible for making repairs to appliances and maintaining the rented apartment in the same condition as when the tenant took over occupancy. Your service contracts may cover the expense of repairs. If not, you cannot draw down from the tenant's security deposit for repairs occasioned by the tenant's intentional destruction.
There is an exception to the general rule. A landlord renting an entire single-family house to a tenant may use the lease as a means to shift the burden of repairs upon the tenant.
Daniel Michael Luisi agrees with this answer
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.