Answer By law4u team
In a furnished apartment, landlords are typically responsible for ensuring that appliances, such as refrigerators, washing machines, and air conditioners, are in good working condition at the start of the tenancy and remain functional throughout the lease term. If an appliance breaks down during the lease period, it is generally the landlord’s responsibility to repair or replace it, unless otherwise stated in the lease agreement. If a landlord refuses to repair broken appliances, tenants have several legal options to address the issue.
Landlord’s Responsibility for Repairs in a Furnished Apartment:
Landlord’s Obligation to Maintain Appliances:
A furnished apartment usually includes appliances such as refrigerators, washing machines, or stoves. The landlord is responsible for ensuring that these appliances are in working condition when the tenant moves in. The rental agreement should clearly specify whether the landlord is responsible for maintaining and repairing these appliances during the tenancy.
Example:
If the refrigerator breaks down due to normal wear and tear, the landlord is typically responsible for repairing it, as the appliance is part of the furnished apartment.
What Happens If the Landlord Refuses to Repair:
Refusal to repair:
If the landlord refuses to repair a broken appliance, the tenant may face significant inconvenience. The tenant may be entitled to seek repairs or compensation through legal channels. However, tenants should first notify the landlord about the issue in writing and provide a reasonable period for the repair to be carried out.
Example:
A tenant notices the washing machine is no longer working and informs the landlord. If the landlord refuses to repair it within a reasonable time frame, the tenant can consider further actions.
Tenant Rights and Actions:
Notify the Landlord in Writing:
The tenant should inform the landlord in writing about the broken appliance, including details of the issue and a reasonable deadline for repair. Keeping written records of communication will be important in case legal action is required later.
Example:
The tenant sends an email or formal letter to the landlord detailing the issue with the refrigerator and requests that it be repaired within 7 days.
Legal Action for Failure to Repair:
If the landlord fails to repair the appliance or refuses to do so without a valid reason, the tenant may have the right to take legal action. Depending on the jurisdiction, the tenant can:
- File a complaint with consumer protection agencies or housing authorities.
- Withhold rent: In some cases, tenants may be allowed to withhold a portion of the rent until the issue is resolved, but this should be done only after seeking legal advice.
- Seek compensation: If the broken appliance causes inconvenience or financial loss (e.g., having to purchase a new appliance or pay for repairs), tenants may be able to claim compensation.
- File a case in small claims court if the appliance repair or replacement is not carried out by the landlord.
Rent Abatement or Reduction:
If the appliance is essential for the tenant's daily living (for example, a refrigerator or air conditioning in extreme climates) and its breakdown significantly impacts the tenant’s living conditions, they may be entitled to a rent abatement or reduction. This means the tenant could pay a reduced rent for the period during which the appliance is not functioning.
Example:
If the refrigerator breaks down and the tenant cannot store food properly, they may negotiate a temporary reduction in rent until the appliance is repaired or replaced.
Tenant's Right to Repair and Deduct Costs:
In some jurisdictions, if the landlord refuses to repair essential appliances, the tenant may have the right to arrange for repairs themselves and deduct the cost from the rent. This is often allowed when the landlord fails to fulfill their maintenance duties within a reasonable time frame.
Example:
The tenant arranges for a professional repair of the broken refrigerator and deducts the repair cost from the rent, but only after giving proper notice to the landlord and allowing time for repairs.
Example:
Ms. Sharma rents a furnished apartment that includes a refrigerator and a washing machine. After several months, the refrigerator breaks down and Ms. Sharma informs the landlord. The landlord refuses to repair it, stating that the tenant should fix it themselves. Ms. Sharma sends a formal letter requesting repair within 7 days but receives no response. After consulting a lawyer, she decides to file a complaint with the consumer protection agency and seeks compensation for the inconvenience caused by the broken appliance.
Conclusion:
If a landlord refuses to repair broken appliances in a furnished apartment, tenants have legal rights to pursue repairs, compensation, or rent reductions. The tenant should first notify the landlord in writing and allow a reasonable period for repair. If the landlord continues to refuse, the tenant can consider taking legal action, withholding rent, or seeking a rent reduction. It is crucial for tenants to understand the terms of their rental agreement and to keep proper documentation of all communications and actions taken to address the issue.
