The situation when household appliances suddenly stop working in a rented home always causes stress and financial concerns. The question of who exactly should bear the costs of restoring the functionality of equipment is one of the most common in real estate rental practice. The answer to this does not lie in the plane of “the owner always pays” or “the tenant always pays”, but strictly depends on the cause of the breakdown and the terms of the signed contract.
In this article we will analyze in detail the legal aspects, analyze typical fault scenarios and provide a clear algorithm of actions for both sides of the conflict. Understanding these nuances will help you avoid unfair expenses and maintain good relations with the counterparty under the rental agreement.
What the law says: Civil Code of the Russian Federation on rent
The main document regulating the relationship between the landlord and the tenant is the Civil Code of the Russian Federation. According to Article 612 of the Civil Code of the Russian Federation, the person renting the premises is obliged to provide the property in good condition. This is a fundamental principle: if you received the keys and the refrigerator was working, it means it was working at the time of delivery.
However, various situations may arise during operation. Article 616 of the Civil Code of the Russian Federation clearly distinguishes between the types of repairs. Major repairsrelated to the replacement of main components, a compressor, or restoration after natural wear and tear, lies on the shoulders of the owner. At the same time, routine maintenance and elimination of minor faults caused by the tenant are the responsibility of the tenant.
⚠️ Attention: If the rental agreement stipulates that all minor repairs (up to a certain amount) are paid by the tenant, this condition has legal force if it does not contradict the law. Carefully read the clause on the responsibility of the parties before signing.
It is also important to consider that the law protects the rights of both parties. The owner is not obliged to endlessly finance the life of the residents if the breakdown occurred due to careless handling. On the other hand, the tenant should not invest his money in improving someone else’s property, which has already fallen into disrepair due to old age.
Natural wear and tear against careless operation
The key point in determining the payer is to establish the cause of the breakdown. Natural wear and tear is the aging process of materials and parts that inevitably occurs during normal use. If your refrigerator is 10 years old and the compressor has burned out or the door seal has worn out, this is a classic example of wear and tear. In this case, the repairs are fully paid for by the owner of the apartment.
A completely different picture emerges when careless operation. If the tenant overloaded the freezer, often opened the door, leaving it open for a long time, or tried to defrost the unit with a knife, damaging the cooling system, then it is the user’s fault. This can often be proven by a visual inspection and a specialist’s conclusion.
There is also the concept of a “hidden defect” that appeared during use. For example, a refrigerator could work normally for a week, and then freon leaked due to a manufacturing defect or previous poor-quality repair. Here the owner is also responsible, since he handed over the item with defects.
The distinction between these concepts is often the subject of debate. To minimize risks, it is worth discussing in advance with the owner what is considered normal and what is a violation of operating rules. Honesty in this matter saves nerves and money in the future.
Analysis of the rental agreement: where to look for answers
The first action in the event of a breakdown is to open and carefully re-read the residential rental agreement. It is this document that is the main arbiter in controversial situations. An ideal contract should have a separate section dedicated to household appliances and the distribution of responsibilities for their maintenance.
Often in contracts there is a clause on “minor household repairs”. This usually means replacing light bulbs, cleaning drains, and replacing filters. If this paragraph does not include complex household appliances, then the interpretation can be twofold. However, if it is stated that the tenant bears all current expenses, he may be legally obligated to pay for calling a technician for diagnostics.
The table below shows a comparison of standard contract terms and distribution of responsibility:
| Situation / Condition | Owner's responsibility | Responsibility tenant |
|---|---|---|
| Natural wear and tear (old compressor) | Full payment for repairs or replacement | Absent |
| Mechanical damage (dent, chip) | Absent | Full payment for restoration |
| Manufacturing defect that appeared later | Full payment (warranty case) | Absent |
| Contamination requiring cleaning | Absent | Independent cleaning or payment |
If the contract does not mention household appliances at all or contains the phrase “surrendered with all contents,” the norms of the Civil Code, which were discussed above, apply. The lack of detail in the contract often leads to long negotiations and the need to involve third parties to assess the situation.
⚠️ Attention: Oral agreements with the owner (“we will decide somehow”) have no legal force in the event of a conflict. All changes in conditions or consent to repairs at the expense of one of the parties must be recorded in an additional agreement or at least in correspondence (messengers, email).
Algorithm of actions when a malfunction is detected
When you discover that the refrigerator has stopped freezing, is making strange sounds or is leaking, you should not panic and immediately call the first technician you come across at your own expense. Act consistently to protect your financial interests.
The first step is to notify the owner. Contact the landlord in any way possible and report the problem. Describe the symptoms: is the motor humming, is there a light inside, what is the temperature on the display (if any). This will help the owner to preliminary assess the scale of the disaster.
The second step is coordination of actions. Suggest calling an official service center representative or an independent technician for diagnostics. It is important that both parties agree on the candidacy of the master or the company, so that later there are no questions about the price and quality of the work.
☑️ Procedure in the event of a breakdown
The third stage is diagnostics. The technician must not only repair it, but also issue a conclusion about the cause of the breakdown. This document (a certificate of completion of work or a defect sheet) is the main evidence of what happened: wear or breakdown due to the fault of the tenant.
Only after receiving the conclusion, a decision on payment is made. If the tenant’s guilt has not been proven, and the refrigerator is old, the owner’s demand to pay for repairs is unreasonable. In this case, you can refer to the law and refuse to pay, inviting the owner to resolve the issue on his own.
Controversial situations and ways to resolve them
Life often makes adjustments, and situations can be ambiguous. For example, a refrigerator might already be “shaky” (wear and tear), but the tenant placed it next to a hot radiator or in a niche without ventilation, which accelerated its breakdown. In such cases, it is fair to say that the costs are divided (50/50 or 70/30).
Another common problem is that the owner demands to pay the full cost of a new refrigerator if the old one cannot be repaired. This is illegal if the old unit had a residual value. The tenant may be required to compensate only part of the cost corresponding to the damage caused, taking into account depreciation.
If the dialogue with the owner does not work out, and he withholds the amount from the security deposit without reason, the tenant has the right to go to court. However, legal fees may exceed the cost of repairs. Therefore, the best method is negotiation at the diagnostic stage.
What to do if the owner ignores calls?
If the owner of the apartment does not contact for more than 2-3 days, and the products spoil, you have the right to call a technician to repair the accident in order to minimize losses. Save all receipts and notifications (screenshots of calls, SMS) in order to later collect expenses or offset them against the rent.
It is also worth remembering the human factor. A good relationship with the landlord often allows the issue to be resolved amicably: the owner can buy a new part himself, and the tenant can pay for the work of the master. Such compromises are more profitable than lengthy litigation.
How to protect yourself in the future
In order to avoid getting into such troubles, you need to approach the settlement stage competently. Acceptance certificate is your main shield. It should not just contain the phrase “Indesit refrigerator”, but a detailed description: “in working condition, freezes, the seal is intact, there is no extraneous noise.”
If possible, test drive the equipment on the day of check-in. Turn on the refrigerator, let it work for at least 30-60 minutes, check all modes. If possible, take a photo of the working display or thermometer inside the camera. This will take time, but will save you from claims in a month.
Another piece of advice is insurance. There are renter's liability insurance products available. They are inexpensive and cover the risks of damage to the owner’s property, including household appliances, due to negligence. Having a policy immediately eliminates many questions about who pays.
Frequently asked questions (FAQ)
Can the owner demand payment for diagnostics if there is a breakdown happened not through my fault?
No, it can’t. If during the diagnostics it turns out that the refrigerator has broken down due to natural wear and tear or a manufacturing defect, all costs for calling and working a technician are borne by the owner of the property. You are not obligated to pay for the service, the result of which confirmed the absence of your fault.
What to do if the refrigerator breaks down on the weekend when services are not working?
You must immediately notify the owner. If there is a risk of food spoilage or flooding of neighbors, you need to take measures to minimize the damage (unplug, turn off the water). Buying a new refrigerator without approval can be regarded as arbitrariness; it is better to wait until Monday or coordinate an urgent call.
I paid for the repair because the owner was away. How to return the money?
Save all receipts, the certificate of work performed indicating the cause of the breakdown and correspondence with the owner. Write a formal claim for reimbursement. If the owner refuses, these documents will be the basis for a trial or deduction of this amount from the rent (only with the written consent of the owner!).
Who is responsible if the refrigerator bursts and floods the neighbors?
Initially, the owner of the apartment is responsible to the neighbors as the owner of the source of increased danger. However, if the leak occurred due to the fault of the tenant (for example, he forgot to turn off the tap or behaved carelessly), the owner has the right to recover from him the amount paid to the neighbors by way of recourse.