The situation when large household appliances suddenly break down in a rented apartment always causes stress and financial concerns. The refrigerator is an essential item, and stopping it requires an immediate solution to the issue of restoring functionality. However, the first and most important question is the financial side: who exactly should bear the costs of calling a technician, diagnosing and replacing spare parts.
The answer to this question is not always clear and depends on many factors prescribed by law and, most importantly, in the text of your rental agreement. Landlord and Tenant have clearly defined rights and responsibilities, but in practice they are often blurred by everyday nuances. Understanding the legal subtleties will help you avoid conflicts and unnecessary expenses.
In this article we will analyze in detail all possible breakdown scenarios, analyze typical mistakes when drawing up contracts and provide a step-by-step algorithm of actions when a malfunction is detected. Knowledge of these rules will allow you to confidently defend your interests, whether you are the owner of the property or a temporary tenant.
What the law and the tenancy agreement say
The foundation for resolving any disputes between the owner and the tenant is the Civil Code of the Russian Federation, namely Chapter 34, which regulates the rental of residential premises. According to Article 681 of the Civil Code of the Russian Federation, current repairs of residential premises are the responsibility of the tenant, unless otherwise provided by the lease agreement. However, here lies an important nuance: a refrigerator is not a structural element of housing, but movable property.
In accordance with Article 612 of the Civil Code of the Russian Federation, the lessor (owner) is obliged to transfer the property to the tenant in a condition corresponding to the terms of the contract and the purpose of the property. This means that at the time of check-in, the equipment must be in full working order. If the breakdown was not your fault, but due to natural wear and tear or a hidden defect, responsibility falls on the owner of the item.
However, the law leaves significant room for maneuver, giving the parties the right to independently distribute responsibilities in the contract. That is why the text of the document you sign takes precedence over general ideas about fairness. Rental agreement may contain clauses stating that minor household repairs are borne by the tenant, or, conversely, that the owner undertakes full maintenance of all equipment.
⚠️ Attention: If the contract contains a “minor” clause household repairs at the expense of the tenant,” this does not give the owner the right to shift the replacement of the compressor to you. Minor repairs are considered to be the replacement of gaskets, seals or light bulbs, but not major repairs of the unit.
It is also important to consider that if you accepted the apartment under the acceptance certificate, where the condition of the refrigerator was not described in detail, it may be difficult to prove that it was in good working order from the beginning. Therefore Acceptance and transfer certificate is a critical document that records the starting condition of the property.
Natural wear and tear or fault of the tenant
The key point in determining the payer is the cause of the breakdown. Property owners often try to pass the costs on to the tenants, claiming that they “misused” the appliances. However, a technically competent approach makes it possible to clearly distinguish between the concepts of natural wear and mechanical damage.
Natural wear is the process of aging of materials and mechanisms during normal operation. Refrigerators have their own service life, and the failure of a compressor, thermostat or start relay after 7–10 years of operation is a natural event that does not depend on the actions of the resident. In this case, the owner is obliged to pay for the repairs, since he provided the property, the resource of which has been exhausted.
On the other hand, the tenant’s guilt is obvious in cases of violation of the operating rules. If you defrosted the unit with a knife and damaged the evaporator, or caused a flood in the apartment due to which the electronics burned out, the costs are entirely on you. Also, your responsibility includes breakdowns caused by power surges in the network if you did not use surge protectors, although this requirement could be specified in the contract.
- 🔧 Natural wear and tear: aging of seals, loss of freon through microcracks, exhaustion of the motor life.
- 🔨 Mechanical damage: dents, breakdown circuit with a sharp object, broken shelves.
- ⚡ Electrical fault: burnt control unit due to a power surge or incorrect connection.
To prove your case, you may need the opinion of an independent expert or service center. In the certificate of work performed, the technician must clearly indicate the cause of the malfunction. The phrase “violation of operating rules” without specification is often used by unscrupulous owners, so demand details.
⚠️ Attention: Never try to repair equipment yourself or call a “master from Avito” without the consent of the owner. This may be regarded as a deterioration in the consumer properties of the property, and you will be required to compensate for the full cost of the new refrigerator.
Typical breakdowns and distribution of liability
Different types of faults are interpreted differently in terms of distribution of costs. Understanding the structure of the refrigerator helps to have a reasoned dialogue with the landlord. Let's look at the most common scenarios and who pays for them in most cases.
The most expensive and complex breakdown is failure compressor or a violation of the tightness of the circuit. This is the “heart” of the refrigerator, and its resource is limited by the number of on-off cycles. If the refrigerator is not old, but the compressor burns out, this is most often a manufacturing defect or a power surge in the general network of the house, for which the tenant is not responsible. If the model is old, this is wear and tear of the compressor. Another common case is failure of the compressor. These elements are sensitive to voltage changes. If the contract does not stipulate the use of stabilizers, and the light in the house fluctuates, the fault lies with the service provider or the owner who provides suitable living conditions. However, if you turned on a powerful heater in the same outlet as the refrigerator and knocked out the plugs, this is your responsibility.
Another common case is failure thermostat or control module. These elements are sensitive to voltage changes. If the contract does not stipulate the use of stabilizers, and the light in the house fluctuates, the fault lies with the service provider or the owner who provides suitable living conditions. However, if you turn on a powerful heater in the same outlet as the refrigerator and knock out the plugs, this is your responsibility.
The table below will help you navigate the distribution of costs depending on the type of breakdown:
| Type malfunction | Probable cause | Who pays |
|---|---|---|
| Loss of tightness (freon has left) | Corrosion of pipes, natural wear | Owner |
| Damage to the evaporator (knife) | Inaccurate defrosting | Tenant |
| The refrigerator does not turn on | The starting relay or thermostat is burnt out | Owner (wear) |
| Humming and vibration | Case misalignment, wear of shock absorbers | Owner |
| Glass shelves broken | Mechanical impact | Tenant |
The situation with No Frost systems is worth special mention. If the fan stops spinning or the drainage is clogged, this is often a consequence of prolonged use without cleaning. A dispute may arise here: the tenant will say that he cleaned it, the owner will say that he did not. In such cases, costs are often divided in half or based on who initiated the call to the technician.
Algorithm of actions when a malfunction is detected
The correct sequence of actions when a refrigerator breaks down will help save nerves and money. The first thing to do is to record the fact of the malfunction. Do not rush to call the service until you contact the owner of the apartment. Your interaction must be documented.
Contact the landlord by phone, and then duplicate the information in the messenger or by email. Describe the symptoms: “the refrigerator is humming, but not freezing” or “ice is freezing.” This will create digital correspondence that can be used as evidence in court if it comes to conflict. Notifying the owner is a mandatory step.
⚠️ Attention: In some regions and under certain rental conditions, there are local regulations or contract clauses that require notification within 24 hours. Check your contract for such terms.
After agreement with the owner, call a specialist. The ideal option is if the master comes in the presence of the owner. If this is not possible, ask the owner to give written (via chat) permission to call a specific specialist or service center. Keep all receipts, payment receipts and certificate of work performed.
If the owner refuses to pay and repair, and the refrigerator is vital to you, you can pay for the repairs yourself. In this case, in the work completion certificate, be sure to indicate that the work was carried out at the request of the tenant due to the landlord’s refusal. You can deduct these expenses from the rent, but only after official notification and receipt of a refusal.
☑️ Checklist for a breakdown
Disputes and ways to resolve them
Conflicts over household appliances are a common occurrence in the rental industry. Landlords may fear that tenants are “killing” their property, and tenants may feel slighted when they demand payment for old appliances. How to find a compromise?
A frequent controversial situation is the “death” of the refrigerator immediately after moving in. The tenant claims that it was so, the owner claims that everything worked. The presumption works here: if the acceptance certificate did not contain the “defective” mark, it is considered that the equipment was in good working order. However, if the breakdown occurred in the first 3–5 days, there is a high probability that the defect was hidden. In such cases, costs are often divided 50/50.
Another type of dispute is the cost of repairs. The owner may insist on a cheap handyman, but the tenant wants official service with a guarantee. Repair guarantee is an important aspect. Cheap repairs can lead to a new breakdown in a month. Argue the need for high-quality service by the fact that it prolongs the life of the owner’s property.
If the dialogue is at a dead end, use the leverage provided by law. You have the right to demand a proportionate reduction in rent if the quality of the service provided (accommodation with working equipment) has deteriorated. You can also demand the elimination of deficiencies free of charge.
In extreme cases, if the refrigerator is not repaired and it is impossible to live without it, this may be regarded as a significant violation of the rental agreement, which gives the right to terminate the agreement unilaterally without penalties. But it’s better not to let it come to this and look for a compromise.
How to protect yourself when renting
The best way to avoid problems is to prevent them at the stage of signing documents. Paying attention to detail when you move in will save you money in the future. Do not hesitate to ask questions and check the equipment.
When signing transfer and acceptance act do not limit yourself to the phrase “household appliances in stock.” Enter the makes, models and, most importantly, the current condition. For example: “Bosch refrigerator, year of manufacture 2015, no external damage, makes increased noise during operation, freezes.” If there are scratches or dents, take photographs and attach the photo to the act.
What should be written in the act if the equipment is old?
Indicate: “Used equipment, working normally, there are traces of use (scratches, abrasions). The period of further operation is not guaranteed by either party.” This will relieve you of responsibility for the sudden death of the old unit.
Include in the contract a clause on the procedure for dealing with breakdowns. Write down a limit on the amount that a tenant can spend on repairs without approval (for example, up to 3,000 rubles) with subsequent deduction from the rent. Also indicate that major repairs and replacement of components older than 5 years are carried out by the owner.
Make a test run of all equipment on the day of check-in. Turn on the refrigerator, let it run for an hour, check the modes. If there are any oddities, note them immediately. This will protect you from claims that you “broke something that just worked.”
Frequently asked questions (FAQ)
Can the cost of repairs be deducted from the rent?
Yes, you can, but only if you follow the procedure. You must notify the owner in writing about the breakdown, offer to call a repairman, and be refused or ignored. After self-repair, provide receipts and a certificate. If the owner is against, the deduction can be regarded as non-payment of rent, so it is better to have written consent or a court decision.
Who pays for diagnostics if repairs are not required?
Usually diagnostics are paid for by the owner, since it is necessary to establish the fact of serviceability or the cause of the breakdown of his property. If the repairman found that the refrigerator was working, but the tenant complained falsely, then the tenant bears the costs. If a hidden defect is identified - the owner.
What to do if the owner demands to buy a new refrigerator?
The owner has no right to demand the replacement of the old refrigerator with a new one if the old one performs its functions (freezes). It is your responsibility to maintain it in working order. Buying new equipment is an improvement in living conditions, which is carried out under a mutual agreement (mutual agreement) of the parties.
Does the tenant have the right to choose a service center?
The law does not prohibit the tenant from choosing a contractor, but it is wiser to coordinate this with the owner. If you call for an expensive service without notice, the owner may refuse to compensate the full amount, citing market prices. The best option is a joint choice or delegation of the choice to the owner.
Is replacing a door seal considered a major repair?
Replacing a seal (elastic band) usually refers to routine repairs or maintenance. If wear and tear occurs naturally over the years of service, the owner pays. If the elastic is torn off or cut, the tenant is dead. This is not a major repair, but it is not always a “small thing” at the expense of the tenant, if we are talking about an old refrigerator.