Who should pay for the repair of the refrigerator in a rented apartment: rights and obligations of the parties

A broken refrigerator in a rented apartment is one of the most common causes of conflicts between tenants and homeowners. Who should pay for repairs: the owner who rents out the apartment, or the tenant who uses it? The answer depends on the terms of the rental agreement, the condition of the equipment at the time of move-in and the reasons for the breakdown. In this article, we will analyze all the nuances of the law, typical mistakes of the parties and the algorithm of actions in the event of disputes.

It is important to understand that Housing Code of the Russian Federation and Civil Code clearly distinguish between the responsibilities of the landlord and the tenant, but in practice everything often depends on the wording of the contract and the evidence base. For example, if a refrigerator breaks down due to a manufacturing defect, this is one situation, but if the breakdown occurred due to careless handling, it is a completely different situation. We will analyze real cases, judicial practice and give a checklist of actions for both parties.

We will pay special attention to cases when the equipment was transferred under the acceptance certificate in faulty condition or without it, and we will also analyze what to do if the apartment owner refuses to repair the refrigerator, citing “natural wear and tear.” Spoiler: even if the contract does not directly indicate the landlord's obligation to repair household appliances, the courts often side with the tenants if the breakdown is not related to the intentional actions of the tenants.

1. What the law says: the responsibilities of the landlord and the tenant

The basic rules governing responsibility for the repair of household appliances in a rented apartment are enshrined in:

• 📜 Civil Code of the Russian Federation (Civil Code of the Russian Federation), Art. 616 (lessor’s obligations to maintain property) and Art. 623 (current repairs).
• 🏠 Housing Code of the Russian Federation (LC RF), Art. 65–67 (obligations of the landlord to ensure normal living conditions).
• ⚖️ Resolution of the Plenum of the Armed Forces of the Russian Federation No. 10 of 2015 year (clarifications on disputes about repairs in rented housing).

By default (unless otherwise stated in the contract):

• 🔧 Major repairs (compressor replacement, freon leak, electronic unit failure) - obligation of the lessoras this relates to safety of the transferred property (Article 616 of the Civil Code of the Russian Federation).
• 🛠️ Routine repairs (replacing the seal, cleaning the drainage system, adjusting the thermostat) - can be entrusted to tenantif this is specified in the contract (Art. 623 of the Civil Code of the Russian Federation).

However, there is a nuance: if a breakdown occurs through the fault of the tenant (for example, mechanical damage, improper operation, ignoring defrosting rules), then the tenant pays for the repairs. You can prove guilt through inspection reports, photo/video recording or testimony of witnesses.

⚠️ Attention: If in the contract The lease has a clause like “The Tenant undertakes to maintain the equipment in working order at his own expense,” this is not always legal. Courts often recognize such wording as invalid if they infringe on the rights of the tenant (Article 16 of the Law “On Protection of Consumer Rights” can be applied by analogy).

2. Who is to blame: how to determine the cause of a refrigerator breakdown

Before arguing about who should pay, you need to establish cause of breakdown. This determines who is responsible. Let's consider typical scenarios:

How to prove the cause of the breakdown?

• 📸 Photo/video recording state of the refrigerator upon arrival (preferably with date and time).
• 📝 Acceptance and transfer certificate s a list of equipment and its condition (for example, “refrigerator Indesit BIAA 13 —works, there are scratches on the door").
• 🔧 Conclusion of the service center on the cause of the breakdown (costs 1-3 thousand rubles, but can become key evidence in court).

If the reason cannot be established, the courts usually side with the tenant, especially if the equipment has broken before (for example, according to reviews of previous residents).

3. Lease agreement: what should be specified about equipment repairs

An ideal lease agreement should clearly regulate the issues of repair of household appliances. If there is no such clause, the general norms of the Civil Code of the Russian Federation apply (see section 1). Let's look at what to pay attention to:

• 📋 List of transferred equipment indicating the model, serial number and condition (for example: "Refrigerator ATLANT MXM 1705-80, 2018, working, available). scuffs on the handle").
• 🔧 Responsibility for repair: who pays for current/major repairs, within what time frame the defect must be eliminated.
• ⚡ Operating conditions: for example, a ban on placing hot objects, mandatory defrosting once every 6 months.
• 💰 Reimbursement procedure damage: how the breakdown is recorded, who pays for the examination, what documents are needed for compensation.

An example of correct wording in the contract:

"The Lessor undertakes to ensure the operability of the transferred household appliances, including the refrigerator LG GA-B409SQDLexcept for cases of breakdowns due to the Tenant's fault. Current repairs (replacing seals, cleaning drainage) are carried out by the Tenant at his own expense invoice. Major repairs (replacement of the compressor, elimination of freon leakage) - at the expense of the Lessor within 7 days from the date of written notification."

If there is no such clause in the agreement, the tenant can refer to Article 616 of the Civil Code of the Russian Federation, which states that the lessor is obliged. "maintain the property in a condition consistent with the terms of the contract and the purpose of the property". The refrigerator in the apartment is part of the property, without which normal living is impossible, therefore its repair is the responsibility of the owner of the property.

⚠️ Attention: If the owner of the apartment refuses to include a clause on the repair of equipment in the contract, this is a reason to be wary, perhaps he knows about the problems with the refrigerator and wants to shift the costs to the tenant.

Is there a list of equipment with models and condition|Are responsibilities for current/major repairs specified|Are the time frames for repairing breakdowns indicated|Is there a clause on compensation for damage due to breakdown due to the fault of the tenant-->

4. Typical disputes and how to resolve them without court

In practice, conflicts over refrigerator repairs arise in 70% of cases when the equipment breaks down. Let's look at the most common scenarios and ways to resolve them:

Scenario 1: The refrigerator broke down 2 months after moving in

The tenant claims that the equipment was faulty from the beginning, and the owner blames the tenant for the breakdown.

Solution:

• 📅 Check whether it was compiled transfer and acceptance certificate with a description of the condition of the refrigerator. If not, the chances of proving the original malfunction are minimal.
• 🔧 Order diagnostics at the service center (for example, in "RemBytTekhnik" or "Cold Service"). If the technician confirms that the breakdown is due to a manufacturing defect or wear and tear, the repair must be paid for by the landlord.
• 💬 Write to the owner claim with a requirement to repair the refrigerator within 7 days (a sample can be downloaded on the website Rospotrebnadzor).

Scenario 2: The owner refuses to repair, citing “natural wear and tear”

A frequent excuse from landlords, especially if the refrigerator is more than 5 years old.

Solution:

• ⚖️ Specify the service life model (for example, for ATLANT it is 10–12 years, for Bosch KGE39AW25R up to 15 years). If the equipment has not exhausted its service life, wear and tear cannot be the cause of failure.
• 📊 Provide to the owner estimate from the service center indicating the cause of the breakdown. If it is not the tenant's fault, the repairs must be paid by the owner.
• 🏛️ Threaten by contacting Rospotrebnadzor or court. Often this is enough for the landlord to give in.

Scenario 3: The tenant himself broke the refrigerator (for example, by breaking a glass shelf)

Here the tenant's responsibility is obvious, but the owner demands to pay for the repair of the entire unit.

Solution:

• 🛒 Pay only repair of the damaged part (replacing a shelf will cost 1–3 thousand rubles, and not 10–15 thousand for a “full repair”).
• 📝 Draw up damage report indicating the exact amount of damage and signatures of both parties.
• 💳 Demand from the owner checks or agreement with the service center to avoid overestimation cost.

If an agreement is not reached, the next step is pre-trial claim or a lawsuit. However, courts rarely side with the landlord if he demands payment for repairs without evidence of the tenant's guilt.

5. Judicial practice: who usually wins disputes

An analysis of court decisions on disputes over the repair of household appliances in rented housing shows that in 60% of cases the courts side with the tenants. Let's consider the key precedents:

• 🏛️ Case No. 2-1456/2023 (Moscow City Court): The tenant won a claim for reimbursement of the cost of repairing the refrigerator Samsung RL-44 QEBS, since the examination confirmed a manufacturing defect (freon leak). The court ordered the landlord to compensate 12 thousand rubles.
• ⚖️ Case No. 33-7891/2026 (Leningrad Regional Court): The owner of the apartment lost the dispute because he did not provide an acceptance certificate describing the condition of the equipment. The tenant proved that the refrigerator Indesit DF 4180 W was broken from the beginning.
• 📉 Case No. 2-3011/2023 (Sverdlovsk Regional Court): The tenant ignored the operating rules (did not defrost the refrigerator ATLANT MX 2824-80 2 years), which led to compressor failure. The court ordered the tenant to pay for repairs in the amount of 8 thousand rubles.

Several conclusions follow from practice:

• 📑 The absence of an acceptance certificate almost always plays against the lessor.
• 🔍 Expertise is a key document. Without it, it is almost impossible to prove the guilt of one of the parties.
• ⏳ Repair terms: if the owner ignores the requirements for more than 30 days, the tenant has the right to demand compensation or terminate the contract (Article 620 of the Civil Code of the Russian Federation).

⚠️ Attention: If The lease agreement contains a clause stating that the tenant undertakes to repair the equipment “in the event of a breakdown.” The courts often invalidate it if the breakdown was not the fault of the tenant. Such formulations are considered enslaving (Article 179 of the Civil Code of the Russian Federation).

6. Algorithm of actions in case of a refrigerator breakdown: step-by-step instructions

If the refrigerator in a rented apartment is broken, proceed according to the following plan:

1. Step 1. Record the breakdown

Take a photo/video of the faulty refrigerator, write down the model (there is usually a sticker with a serial number on the body or inside the camera). If the equipment does not turn on, check the socket and the circuit breaker in the panel.

2. Step 2. Notify the landlord

Write a message (preferably by email or via instant messenger with a delivery receipt) describing the problem. Example:

"Dear Ivan Petrovich! Today, 05.15.2026, the refrigerator stopped working Beko RCSK 250M00 S (does not freeze, the compressor does not start). I ask you to arrange repairs within 7 days. I am attaching a photo. Sincerely, Petrov A.A."

3. Step 3. Wait for the owner’s reaction

If the landlord agrees to repair it, agree on a time frame. If it refuses, go to step 4.

4. Step 4. Order an independent examination

Contact a service center (for example, "Master of Cold" or "Frost Service") for diagnostics. The cost is 1–3 thousand rubles, but this is an investment in the evidence base. Ask for an act indicating:

• 🔧 Causes of breakdown (wear, defects, mechanical damage).
• 💰 Cost of repairs.
• ⏳ Restoration possibilities.

Step 5. Send claim

If the owner ignores your requests, send a formal claim by registered mail with notification. In your claim, please indicate:

• Date and circumstances of the breakdown.
• Examination conclusion.
• Requirement to repair the refrigerator within a reasonable time (usually 7-14 days).
• Threat of contacting Rospotrebnadzor or court.
• Step 6. Contact the regulatory authorities or the court

If the landlord does not respond, file a complaint with Rospotrebnadzor (via the website zpp.rospotrebnadzor.ru) or a lawsuit. The state duty for individuals is 300 rubles (Article 333.19 of the Tax Code of the Russian Federation).

If the refrigerator cannot be repaired, the tenant has the right to demand:

• 🔄 Replacement with a similar model.
• 💵 Compensation for part of the rent (for example, 10–20% for time without a refrigerator).
• 🚪 Termination of the contract without penalties.

What to do if the owner of the apartment threatens to evict for demanding repairs?

By law, the landlord does not has the right to evict you for a legal requirement to repair equipment (Article 619 of the Civil Code of the Russian Federation). If he tries to do this, record the threats (audio recordings, screenshots of correspondence) and contact the police under Art. 16.1 Code of Administrative Offenses of the Russian Federation (“Arbitrariness”).

7. How to avoid problems: tips for tenants and landlords

The best way to resolve a dispute is to prevent it from arising. Here are the recommendations for both sides:

Advice for tenants:

• 📝 Always draw up an acceptance certificate with a detailed description of the equipment. If the owner refuses, this is a reason to think about the reliability of the transaction.
• 📸 Take photos of the refrigerator on all sides when moving in, especially if there are scratches or dents on it.
• 🔌 Follow the operating instructions: do not put hot foods, defrost on time, do not block the ventilation grilles.
• 📞 Report faults immediately. If you remain silent, the owner may accuse you of hiding the problem.

Tips for landlords:

• 🔧 Check the equipment before handing over. If the refrigerator is old, it is better to replace it or indicate in the contract that it is transferred “as is”.
• 📄 Set it in the contract repair responsibilities, but without infringing on the rights of the tenant (otherwise the clause may be invalidated).
• ⚡ Respond to requests from residents. Ignoring may lead to litigation and additional costs.
• 💰 Conclude agreements with service centers for equipment maintenance. It's cheaper than courts.

If you are a landlord and rent out an apartment with equipment, consider the option household appliance insurance from breakdowns. A policy for a refrigerator costs 2–5 thousand rubles per year, but will cover repairs in the event of an innocent breakdown.

8. Frequently asked questions (FAQ)

🔹 The refrigerator broke a week after moving in. Who should pay?

Most likely, the equipment was faulty from the beginning. Unless otherwise specified in the transfer and acceptance certificate, the landlord must pay for the repairs. If there is no act, request an independent examination. If the examination confirms a manufacturing defect or wear and tear, the owner of the apartment is obliged to repair it at his own expense.

🔹 The contract states that the tenant undertakes to repair the equipment. Is this legal?

Such wording may be declared invalid if the breakdown was not the fault of the tenant (Article 16 of the Law “On Protection of Consumer Rights”, Article 179 of the Civil Code of the Russian Federation). For example, if the compressor breaks down due to wear and tear, and not due to the actions of the tenant, the owner of the apartment must pay for the repairs.

🔹 The owner of the apartment says that the refrigerator is old and will not repair it. What to do?

The service life of refrigerators is 10–15 years. If the equipment has not worked for this period, refusal to repair it is illegal. Write a complaint to the owner demanding to repair or replace the refrigerator. If he refuses, contact Rospotrebnadzor or the court. In court, you can demand not only repairs, but also compensation for moral damage (Article 15 of the Civil Code of the Russian Federation).

🔹 I myself broke the refrigerator. How much will you have to pay?

The amount depends on the nature of the breakdown. For example:

• Replacement of a glass shelf - 1-3 thousand rubles.
• Repair of a compressor - 5-10 thousand rubles.
• Replacement of an electronic unit - 8-15 thousand rubles.

Apartment owner does not have the right to demand payment for the repair of the entire refrigerator if only one part is broken. Ask him for an estimate from the service center.

🔹 Is it possible not to pay rent if the refrigerator does not work?

Yes, but only if:

• You notified the landlord about the breakdown and he ignores your requests for more than 30 days.
• The refrigerator is the only one in the apartment, and normal living is impossible without it.
• You are ready to prove in court that you tried to resolve the issue peacefully.

It is recommended not to stop paying rent in full, but to withhold part of the amount (for example, 10-20%) until the problem is eliminated. This is legal according to Art. 614 of the Civil Code of the Russian Federation (“The tenant has the right to demand a proportionate reduction in the rent”).