A broken refrigerator in a rented apartment is one of the most common causes of conflicts between tenants and homeowners. Who should pay for the repairs: the one who lives in the apartment, or the one who owns 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 look at all the nuances - from legal aspects to practical advice on how to act in controversial situations.
It is important to understand that the law does not always clearly side with the tenant or the landlord. It all depends on the details: whether the equipment was in good working order when you moved in, who is to blame for the breakdown, and what is stated in the contract. We will analyze typical scenarios, tell you how to record the condition of the refrigerator when renting a home, and what to do if the owner refuses to repair it.
If you rent an apartment or rent it out, save this article to your bookmarks. It will help avoid disputes and save nerves (and money) for both parties.
Legislative framework: what the Civil Code of the Russian Federation says about the repair of equipment in rented housing
The main document regulating the relationship between the tenant and the landlord is Civil Code of the Russian Federation (Civil Code of the Russian Federation), Chapter 35 "Renting residential premises". According to Art. 676 of the Civil Code of the Russian Federation, the lessor is obliged to transfer the housing in a condition suitable for habitation, and also to maintain it in this condition. This includes serviceability of engineering systems and household appliancesif it is included in the apartment.
However, there are nuances:
- 📜 If the refrigerator breaks down for natural reasons (wear, manufacturing defects) - repairs the owner of the apartment. This is his responsibility as the owner.
- 🔧 If the breakdown occurred due to the fault of the tenant (mechanical damage, improper operation) - pays tenant.
- 📝 If the contract stipulates otherwise (for example, "the tenant is obliged to independently repair household appliances") - the terms of the contract apply.
Important: if the rental agreement does not have a clause on the repair of equipment, the Civil Code norms apply by default RF - responsibility lies with the landlord if the breakdown is not the fault of the tenant.
⚠️ Attention: Judicial practice shows that if there was a refrigerator already faulty upon arrival, but this is not recorded in the acceptance certificate, it will be extremely difficult to prove the owner’s guilt. Always draw up an act describing the condition of the equipment!
Who is to blame for the breakdown: how to determine and prove
The most difficult moment is to establish who is to blame for the malfunction. Let's consider typical cases:
| Cause of breakdown | Who is to blame | Who pays for the repairs |
|---|---|---|
| The compressor has failed (natural wear and tear) | Lessor | Lessor |
| The control board has burned out due to a power surge | Depends on the cause of the surge (if the fault of the electrical network is the owner, if it is the fault of the tenant) | According to the results of the examination |
| The door is broken (crack, the hinges are skewed) | Tenant (mechanical damage) | Tenant |
| Clogged capillary pipeline (improper defrosting) | Tenant | Tenant |
| Freon leakage (natural or due to corrosion) | Landlord | Landlord |
How to prove guilt?
- 📸 Photo/video recording condition of the refrigerator upon check-in (especially if it was already defective).
- 📋 Acceptance and transfer certificate with a description of the equipment: model (Samsung RB-30 J3200SA, Indesit DF 4180 W etc.), external damage, whether the freezer is working.
- 🔧 The master's conclusion o the reason for the breakdown (if the dispute went to court, this cannot be avoided).
Practical example: if the refrigerator Atlant MXM 1705-080 stopped freezing due to a freon leak, and the master confirmed that this was due to corrosion of the pipes (natural wear and tear), the owner pays for the repairs. If the freon left because the tenant tried to clean the back wall with a knife, it’s the tenant’s fault.
What to do if the owner refuses to repair the refrigerator
Situation: the refrigerator is broken through no fault of yours, but the landlord ignores your requests about repairs or demands to pay for everything yourself. Your actions:
- Write an official claim (by registered mail or via messenger with a read receipt). Please indicate:
- Date and circumstances of the breakdown;
- Refrigerator model (Liebherr CTPes 3556, Beko RCSK 250M20 S etc.);
- Cause (according to the technician or yours) observations);
- The requirement to eliminate the malfunction within a reasonable time (usually 7-14 days).
- Demand compensation for repairs;
- Demand a reduction in rent;
- Terminate the contract without penalties.
⚠️ Attention: If the lease agreement contains a clause like "The tenant undertakes to independently repair household appliances", the courts often side with the owner. An exception is if the breakdown threatens safety (for example, the risk of fire due to faulty electrical wiring of the refrigerator).
Rental agreement for the clause on repair of equipment|
Acceptance and transfer certificate with description refrigerator|
Photo/video of the breakdown and correspondence with the owner|
The master's conclusion about the cause of the malfunction|
Response times for the landlord (fix the dates)-->
Typical tricks of landlords and how to deal with them react
Unscrupulous apartment owners often try to shift responsibility onto tenants. Let's look at the most common tricks and methods of defense:
"The refrigerator was working when you stopped by, which means you broke it!"
Your argument: absence of an acceptance certificate with a description of the equipment plays in your favor. According to the law, if the condition is not recorded, the equipment is considered to be in working order. But it is better to have evidence (photos, videos, witnesses).
"It's your fault - you operated it incorrectly"
Demand written conclusion of the service center indicating the exact reason. For example, if the technician writes that the compressor burned out due to network overload (and the apartment has old sockets), the fault lies with the owner.
"Repairs are too expensive, I won’t pay"
Offer alternatives:
- 🔄 Including the cost of repairs in the rent;
- 🛠️ Self-repair with subsequent compensation;
- 📉 Reducing the rent until the fault is eliminated.
"You can buy a new refrigerator for your account"
This is illegal if the breakdown is not your fault. In response, refer to art. 681 of the Civil Code of the Russian Federation and demand either repair or provision of a replacement during the repair.
What should a tenant do if the refrigerator breaks down due to his fault?
If you admit that the breakdown occurred due to your actions (for example, hitting the door, flooding the control board with water, or defrosting it incorrectly), act like this:
- Inform the owner immediately —honesty can save your nerves. It’s better to write: “I accidentally damaged the refrigerator door seal
Bosch KGE36AI40. I am ready to pay for repairs". - Do not try to repair it yourself —if you are not a specialist, you can aggravate the damage. For example, when replacing a thermostat c Indesit BIAA 13 you can accidentally damage the capillary tube.
- Correct the workshop with the landlord he may insist on “his” service. If not, choose trusted centers (for example, those authorized for Samsung, LG, Atlant).
- Save all receipts and reports —they will confirm that the repairs have been carried out and paid for.
How much can the repair cost?
| Type of breakdown | Average cost (2026) | Repair period |
|---|---|---|
| Replacement of compressor | 5 000 – 12 000 ₽ | 1–3 days |
| Repair of control board | 3 000 – 8 000 ₽ | 2–5 days |
| Freon leak + refill | 4 000 – 10 000 ₽ | 1–2 days |
| Replacement of door seal | 1 500 – 3 000 ₽ | 1 day |
⚠️ Attention: If the cost of repair exceeds 50% of the price of a new refrigerator. (for example, for a model Birusa 101 for 20,000 rubles, repairs cost 10,000 rubles), the lessor may require the purchase of new equipment. In this case, discuss compensation or distribution of expenses.
How to record the condition of the refrigerator when renting an apartment
To avoid disputes, always draw up an acceptance report This is what should be in the document:
Model and serial number (for example, Samsung RL-34 E300BSA, SN: 123456789)|
Year of manufacture (if visible on the sticker)|
Condition of the door seal (intact/torn/deformed)|
Are the freezer and main chamber working (temperature by thermometer)|
External damage (scratches, dents, chips)|
Noise level (normal/increased)|
Availability of documentation (warranty card, instructions)-->
Example wording for act:
"Refrigerator brand Indesit DF 5201 W, serial number 987654321, year of manufacture 2019.Condition:
- The door seal is intact, without breaks;
- The freezer is working (temperature -18°C according to the built-in thermometer);
- The main chamber is working (temperature +4°C);
- External damage: a scratch on the right side panel (see photo 1).
Warranty there is no coupon. Connected to the outlet without adapters."
Additional tips:
- 📸 Take a photo of the refrigerator from all sidesincluding the back wall (there may be traces of rust on the tubes).
- 🎥 Take a video demonstrating operation (door opening/closing, compressor sound).
- 📋 Ask the owner to sign the act. If he refuses, send him a copy by mail with a notification.
What to do if the owner does not want to sign the act?
If the landlord refuses to sign the document, draw it up unilaterally, indicate the date and time of the inspection, and then send it to the owner by registered mail with a description of the attachment. In court, such a document will be considered evidence if you can confirm the fact of its sending. It is also useful to invite witnesses (for example, a realtor or neighbors) when inspecting the equipment.
Alternative solutions: what to do if repairs occur. is delayed
If the refrigerator is broken and the owner is in no hurry to fix it, you have several options:
1. Buy a temporary refrigerator
You can rent a compact model (for example, Midea MR-40N for 1,500–2,000 ₽/month) or buy a used one for 5,000–10,000 ₽. Then either sell it or take it to a new apartment. Save all the receipts - if the court sides with you, the expenses can be compensated.
2. Demand. reduction of rent
By Article 683 of the Civil Code of the Russian Federation.if living conditions have deteriorated through no fault of yours, you have the right to demand a price reduction. For example, if the refrigerator does not work for 2 weeks, you can reduce the rent by 10-20% for this period.
3. Move to another property without penalties
If a breakdown makes the apartment uninhabitable (for example, in the heat you cannot store medicines or food without a refrigerator), you can terminate the contract without penalties. The main thing is record. fact of malfunction (act, photo, master's conclusion).
4. Repair it yourself with subsequent compensation
If you don’t have the strength to wait, you can order the repair yourself and then recover money from the landlord through the court. Important: notify the owner of your intention in advance and agree on the amount.
FAQ: Frequently asked questions about repairing a refrigerator in a rented apartment
Can the landlord deduct the cost of repairs from the deposit?
Yes, but only if:
- The breakdown was your fault (there is evidence);
- The cost of repairs does not exceed the amount of the deposit;
- The owner provided checks and certificates of work performed.
If you do not agree, demand the return of the deposit in full and resolve the dispute in court.
What to do if the refrigerator burned out due to a power surge?
It all depends on the cause of the surge:
- If it is fault the electrical network of the house (for example, a short circuit in the entrance) - the owner repairs.
- If it is fault tenant (connected several powerful devices into one outlet) - pays tenant.
To prove the reason, call an electrician to check the network.
Is it possible not to pay rent until the refrigerator is repaired?
No, You cannot withhold the rent on your own this is a violation of the contract. But. you can:
- Submit a claim demanding a reduction in rent;
- Pay for the repairs yourself and then collect the money through the court;
- Terminate the contract if the equipment has not been repaired for more than a month.
Who should repair the refrigerator if it is under warranty?
If the refrigerator is under warranty (usually 1-2 years for new models LG, Samsung, Atlant), the repair is carried out free at an authorized service center. It is paid manufacturerand not by the tenant or the owner. owner.
Your actions:
- Find the warranty card (must be with the lessor);
- Contact the brand's service center;
- If the owner refuses to give a ticket, demand it through the court.
What to do if the refrigerator is old and repair is impractical?
If the equipment is older than 10 years (for example, ZIL-62 or Minsk-15M), and the repair costs the same as a new refrigerator, discuss with the owner:
- 🆕 Purchase of a new model at the expense of the lessor (with a subsequent increase in rent);
- 💰 Compensation for part of the cost (for example, 50/50);
- 📉 Reducing the rent before buying a new refrigerator.
If you can’t come to an agreement, look for another place to live.