If I removed washer and dryer that didn’t work, am I liable?

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If I removed washer and dryer that didn’t work, am I liable?

I recently rented a property through a real estate agency. Before we moved in we were told that the washer and dryer were going to be removed and were also told that they were out when we moved in, but they weren’t. Through email we were told they would be removed 2 or 3 times and once they even gave us a date. We used them for a small amount of time, but the washer didn’t drain properly and the dryer took all day to dry one load. I finally removed them from the property and now they want us to pay for them. Am I liable for these even though they had over a month to remove them. If so can I just agree to let them keep the ones we have when we leave or do I have to pay for them.

Asked on July 26, 2011 Texas

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

If you have a written e mail from the landlord or his agent advsing you that the non-functioning dishwasher and dryer would be removed and replaced before you moved into the unit, they were not removed at the time, and you then took matters in you hands and removed them yourself, you should not be obligated for paying for them assuming they would not be repaired.

You rented the property with the expectation of a functioning dishwasher and dryer that you did not receive. The landlord unduly delayed in his or her representations for their removal so you took matters in your own hands.

I would write the landlord referencing the e mails he sent you about taking care of the appliances in a timely manner which he failed to do.

Good luck.


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