Who is responsible for appliances in a rental property?

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Who is responsible for appliances in a rental property?

If you rent property with appliances (washer and dryer) and they break down, who is responsible for the repairs, the tenant or landlord?

Asked on November 11, 2011 under Real Estate Law, New York

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 1 year ago | Contributor

Since the washer and dryer were included in your rental, the landlord is responsible for repairs.  One of the claimed benefits of renting is that the tenant is not responsible for repairs and it is the landlord's duty to make repairs.  If a tenant damaged the appliances, the tenant could be held liable for the cost of repairs.  When the washer and dryer broke due to normal usage, normal wear and tear, etc., the repairs are the responsibility of the landlord.  If the appliances broke and the tenant did not notify the landlord within a reasonable time and that delay caused additional damage to the appliances, the landlord could hold the tenant liable for the cost of repairs.

If the landlord refuses to pay for repairs to the appliances, the tenant can make the repairs and deduct the cost from the rent.

Related articles: Landlord and Tenant Rights and Obligations. Rental Maintenance and Repairs; Tenant's Rights to a Habitable Living Space

Sharon Siegel / Siegel & Siegel, P.C.

Answered 9 years ago | Contributor

This depends on the terms of the lease.  Simply becuase the appliances are there at the time you rented the apartment, it does not mean the landlord is liable or not liable for repairs.  Have a lawyer review the terms of the lease and, if need be, write a letter on your behalf.

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