Can a landlord charge for replacing appliances that weren’t broken?

Get Legal Help Today

 Secured with SHA-256 Encryption

Can a landlord charge for replacing appliances that weren’t broken?

My ex-landlord is suing me in smalls claim court for damages above and beyond “normal wear and tear”. On the itemized list, it looks like he’s charging for many brand new appliances – microwave, oven range top and hood vent, garbage disposal, just to name a few. While these things may have had dirt built-up (after about 5 years as tenants), they were certainly still working. Is it legal for him to charge us for replacing appliances that were still functioning?

Asked on July 31, 2012 under Real Estate Law, Arizona

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

I would suggest that you try and look up what is considered "normal wear and tear" under your state law.  You will need proof that the appliances were in good working order when you left.  Did you do a walk through and was anything noted or signed by the landlord?  He has to prove that the damages were such as warranting replacement.  It is highly unusual that these many appliances would be replaced after a tenancy unless you destroyed the place.  Good luck.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption