Q: Can I sue the apartment on a small claim for not fixing my dishwasher when I moved in and they won't fix it.

A: The ability to sue your landlord or apartment complex for the cost of repair and partial rent refund depends largely on the terms of your lease or rental agreement, as well as the specific circumstances surrounding the repair. Here's what you should consider:

Lease Agreement: Carefully review your lease or rental agreement to determine whether it explicitly mentions the landlord’s responsibility to maintain or repair appliances, including the dishwasher. Many leases include clauses outlining which party is responsible for certain repairs. If the landlord specifically agreed (verbally or in writing) to provide a working dishwasher or maintain it in working condition, this could strengthen your case.

Implied Warranty of Habitability: While landlords are typically required to maintain rental properties in a safe and livable condition, the implied warranty of habitability generally applies to essential elements like plumbing, heating, electricity, and structural safety—not appliances like dishwashers unless explicitly stated in the lease. A non-working dishwasher is unlikely to violate this warranty under Utah law unless there is an agreement indicating otherwise.

Efforts to Resolve the Issue: You mentioned that you submitted three repair requests, and the landlord responded by declining to fix the dishwasher. Your record of clear communication with the landlord strengthens your position. Keep copies of all written communications and repair requests as evidence. The fact you hired a professional willingly to repair it could be seen as the landlord's failure to act despite notification.

Small Claims Court: If the landlord refused to fix the dishwasher after reasonable notice, and you paid out-of-pocket for the repairs, you may have grounds to sue in small claims court to recover those costs. Nevertheless, the success of such a claim could depend on:

Whether the lease explicitly made the landlord responsible for the appliance.

Your ability to prove the repair was necessary, timely, and reasonably priced.

Whether giving the landlord one last written demand to reimburse you (before filing the lawsuit) demonstrates your effort to resolve the issue without litigation.

Rent Reduction: Requesting a partial rent refund is more challenging because, as mentioned, the broken dishwasher likely doesn't affect the habitability of the rental unit. Claims for reduced rent typically succeed when the issue involves essential services or conditions that render the unit significantly less livable.

I hope this helps.

Wes