Boise, ID asked in Landlord - Tenant for Idaho

Q: Is my apartment complex responsible for repairing the exhaust vent in our kitchen?

When we moved in, my apartment came with a microwave that is built in under the cabinets above the stovetop. The appliance tripped the breaker in the wall, and now the microwave as well as the exhaust fan (as the fan is built into the microwave) is not working. We reached out to maintenance and they said that the complex was not responsible for the issue as they do not provide microwaves and insisted it was left by a previous resident. Though every apartment in the complex has the same exact microwave, and like I said it is built in above the stove. It was put in by the apartment, and the breaker labels even have it labeled as microwave oven. I'm confused has it could not be their responsibility, and how to proceed.

Related Topics:
1 Lawyer Answer
Kevin M Rogers
Kevin M Rogers
  • Boise, ID
  • Licensed in Idaho

A: If your microwave isn't working it's obviously because the NEC Code requires a dedicated circuit now for a microwave. The apartment manager gave you a contract, did you read it? If it said that you could plug in your own microwave oven, then you're in good shape. However, Idaho law only requires the LL to supply you with a roof that doesn't leak, heat so you can stay warm and electricity. It appears to me that you need to read your contract very carefully and determine whether the LL had a duty to provide you with a dedicated circuit to plug your microwave in or not. GENERALLY SPEAKING, the LL does not supply apartments with microwave ovens, because they're obviously portable and tenants would steal them when they leave. So, if the apartment "came with" a microwave, it was probably left by the previous tenant. You should ask the Manager if he/she could please check the breaker to see if it tripped the breaker in the electrical box? If it's not tripped but the oven and fan are not working, then you need to take the microwave oven to a repairman and see if it burned the transformer out. Good luck!

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.