If the homeowner/landlord advertises an appliance in a rental listing, are they required to fix it if it is non-working upon move-in?

UPDATED: Mar 7, 2016

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If the homeowner/landlord advertises an appliance in a rental listing, are they required to fix it if it is non-working upon move-in?

The condo description included

Asked on March 7, 2016 under Real Estate Law, California


M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

It's the lease rather than the listing agreement that controls here; so you'll need to look it over carefully. Strange as it may seem, the fact is that most state laws don't require landlords to provide major appliances, even refrigerators or stoves. And if you are told that major appliances are in the rental premises, it would be logcal to assume that the landlord will pay for their repair should it become necessary. However, some landlords, in an attempt to save money, include a clause in the lease that states that appliances are there for the tenant’s use but are not considered to be part of the rent. These clauses typically provide that if the tenant uses the appliances, they are responsible for repairing and maintaining them.

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