The situation when large household appliances suddenly break down in a rented apartment often becomes a source of conflicts between the homeowner and the tenant. A refrigerator is not just a piece of furniture, but a vital piece of equipment, without which normal living in an apartment is almost impossible. The question of who bears the financial burden of repairing or replacing it is regulated by the Civil Code of the Russian Federation, but in practice everything depends on the specific circumstances of the breakdown.
The first thing to do when a malfunction is detected is to assess the situation and try to determine the cause of the equipment failure. It cause of breakdown is the key factor determining the distribution of financial obligations between the parties to the rental agreement. If the refrigerator stops freezing due to natural wear and tear of the compressor or a power surge in the general network, responsibility usually lies with the owner of the property.
However, if the unit was damaged due to careless actions of the tenant, for example, due to improper defrosting or mechanical damage to the door, the costs fall on the tenant. It is important not to panic and act strictly within the legal framework, relying on the clauses of the signed agreement and current legislation. In this article we will analyze in detail all the nuances so that you can protect your interests, whether you are the owner or the tenant.
Legal basis: what the Civil Code of the Russian Federation says
The fundamental document regulating the relationship between the landlord and the tenant is the Civil Code of the Russian Federation, in particular Chapter 34, dedicated to the rental of residential premises. According to Article 612 of the Civil Code of the Russian Federation, the landlord is obliged to transfer to the tenant residential premises free from the rights of third parties in a condition suitable for habitation. This implies that all provided equipment, including Indesit, Samsung or Bosch refrigeratorsmust be in working order at the time of check-in.
Article 681 of the Civil Code of the Russian Federation clearly delineates the responsibilities of the parties to carry out repair work. Routine repairs of residential premises are the responsibility of the tenant, unless otherwise provided by the lease agreement. Routine maintenance usually refers to minor work to maintain property in working order. Major repairs associated with the replacement of major components and assemblies due to natural wear and tear are the responsibility of the lessor.
⚠️ Attention: If your rental agreement contains a clause that states that “minor household repairs are carried out by the lessee,” this does not give the owner the right to pass on the cost of replacing the compressor or engine to you. The law has priority over the contract in matters that contradict the imperative norms of the Civil Code of the Russian Federation.
In addition, according to Article 677 of the Civil Code of the Russian Federation, the tenant is responsible for the safety of the residential premises and must use it for its intended purpose. Violation of the operating rules specified in the technical passport the operating instructionsautomatically makes the tenant the culprit of the breakdown. In this case, the landlord has the right to demand compensation for damage or deduct the cost of repairs from security deposit.
Thus, the legislation is on the side of common sense: whoever is to blame for the breakdown or whose area of responsibility it is for the type of repair (current or major) pays. However, the devil, as always, lies in the details and evidence.
Scenario 1: Natural wear and tear and hidden defects
The most common and least conflicting scenario is equipment failure due to expiration of service life or hidden production defects. Refrigeration equipment has its resource, and even the most reliable models Liebherr or Siemens sometime break down. If the refrigerator worked properly when the apartment was handed over, and after six months it simply stopped turning on for no apparent external reason, this is a classic example of natural wear.
In this case, the responsibility for eliminating the malfunction lies entirely with the owner of the apartment. He must call a technician, pay for diagnostics and repairs. In this situation, the tenant is only obligated to promptly notify the owner of the problem. The timeliness of notification is critical: if you have been silent for a week about the fact that the refrigerator is leaking, and this has led to damage to the laminate flooring or furniture, you may be asked questions about failure to comply with the obligation to preserve the property.
Often owners try to convince residents that “the old refrigerator is already worn out” and offer to buy a new one at their own expense. This is illegal if the old unit was indicated in the property inventory as serviceable. The lessor is obliged to either repair the equipment or provide another similar one in return. Failure to make repairs may be grounds for a reduction in rent or termination of the contract at the initiative of the tenant with the return of all deposits.
Scenario 2: The fault of the tenant and violation of operation
The situation changes dramatically if the breakdown occurred due to the fault of the residents. The lessee is obliged to use the equipment carefully and in accordance with its purpose. Typical cases where the tenant pays for repairs include mechanical damage (broken door, torn handle), clogged drainage system due to foreign objects, or violation of defrosting rules.
For example, if you decided to speed up the process of thawing ice using a hair dryer or knife, and damaged the internal circuit or evaporator, this is considered a gross violation of operating rules. In the technical passport of any refrigerator, be it LG or Atlant, the use of sharp objects to remove ice is strictly prohibited. It is easy to prove guilt in such cases: the service center master will indicate the nature of the damage in the report of the work performed.
- 🔌 Surges voltage: If the refrigerator burned out due to a power surge in the general network of the house, this is force majeure, and the owner must pay (or he can try to get compensation from the electric network company).
- 🍖 Incorrect loading: An attempt to stuff an object that exceeds the dimensions into the freezer, which led to jamming of the door and broken hinges - the fault of the tenant.
- 💧 Flooding: If you forgot to turn off the tap or caused a flood and water got on the electrics refrigerator, the cost of restoring the equipment will fall on you.
It is important to understand that the burden of proving one’s innocence in such cases often falls on the tenant. Therefore, if a power surge occurs, it is advisable to have witnesses or a recorded fact of contacting the emergency service.
⚠️ Attention: An attempt by the tenant to repair it independently without the consent of the owner may be regarded as a violation of the contract. If, after the “skillful hands” of the tenant, the refrigerator finally breaks down, you may be required to pay not only repairs, but also the full cost of the new unit.
The role of the tenancy agreement and property inventory
The main document that the court or mediator will study in the event of a dispute is the written tenancy agreement premises. It is there that all the terms and conditions of cooperation are spelled out. However, contracts are often drawn up carelessly or standard templates downloaded from the Internet are used. In such documents there may not even be a mention of the presence of a refrigerator.
A critically important annex to the contract is transfer and acceptance certificate an inventory of the property. This document should record the make, model, serial number (if possible) and, most importantly, the technical condition of the refrigerator at the time of check-in. The phrase “refrigerator is working” is mandatory. If there is a dash in the act or it says “the condition has not been checked,” it will be extremely difficult to prove anything later.
Special conditions may be specified in the contract. For example, the parties can agree that the tenant undertakes minor repairs of equipment worth up to 5,000 rubles, and everything that is more expensive is paid by the owner. Such conditions are legal if they do not contradict the Civil Code of the Russian Federation and are signed by both parties. However, the condition that “the tenant repairs everything at his own expense” can be challenged in court as enslaving if we are talking about capital wear and tear.
☑️ Checking documents before signing
Algorithm of actions in case of equipment breakdown
To minimize losses and avoid a scandal, you need to act consistently and document each step. Emotions are a bad guide here. First, we determine the nature of the breakdown, then we contact the owner and only after agreement we call the repairman.
Below is a table that will help you navigate the actions depending on the situation:
| Situation | Actions of the tenant | Who pays |
|---|---|---|
| The refrigerator has stopped freezing (wear and tear) | Notify the owner, call a technician as directed | Owner |
| A broken shelf or door | Report the incident, find an original spare part | Tenant |
| Power surge in the house | Record the fact (ask neighbors), call an electrician | Owner (or UK) |
| Unclear malfunction | Call a technician for diagnostics (at your own expense initially) | Based on the diagnostic results |
The first step should always be a call or message to the owner. Even if you are sure that you will not pay, inform the owner. The phrase “Our refrigerator has stopped working, we will call a technician for diagnostics, we are waiting for your confirmation” demonstrates your conscientiousness. If the owner ignores the messages, send a notification officially (for example, by telegram or via instant messenger with a delivery report), indicating a reasonable period for elimination.
What to do if the owner refuses to pay for obvious wear and tear?
If the owner categorically refuses to repair the refrigerator, citing its age, you have the right to demand a proportionate reduction in the rent. To do this, send a written request. If there is no reaction, you can terminate the contract unilaterally through the court, but it is easier to find new housing if the lease term is coming to an end.
Diagnostics and selection of a service center
One of the most slippery moments is the choice of a technician. The owner may insist on “his Uncle Vasya”, who will fix it cheaply, but without a guarantee or receipts. It is important for the tenant to have official documents confirming the cause of the breakdown. The best option is to call a specialist from an authorized service center of the brand, whose logo is emblazoned on the door (for example, Beko, Haier).
Diagnostics is a paid service if the repair has not taken place. Who pays for the technician to visit if the breakdown is not confirmed or is not under warranty? Usually this is decided by agreement, but it is logical that if the breakdown occurred due to wear and tear, then the diagnostics are also paid for the owner of the property. If the technician detects traces of flooding or impact, the invoice is issued to the tenant. Be sure to ask the technician for an order. These documents must clearly state the cause of the malfunction. Phrases like “electronic malfunction” are too vague: “compressor failure due to exhaustion.” resource" or "short circuit due to moisture." These papers will become the main argument in the dispute about finances.
Be sure to ask the master certificate of work performed and work order. These documents must clearly state the cause of the malfunction. Phrases like “electronic malfunction” are too vague. We need specifics: “failure of the compressor due to exhaustion” or “short circuit due to moisture.” These papers will become the main argument in the dispute over finances.
Resolution of disputes and return of the deposit
If a dispute nevertheless arises and the parties cannot reach a consensus, a security deposit (deposit) comes into play. Owners often like to keep the entire amount of the security deposit upon departure, including the cost of repairing the refrigerator. This is illegal if the amount of damage is not documented.