The situation when the refrigerator in a rented apartment broke downoften becomes a source of tension between the landlord and the tenant. This is a classic example of how everyday troubles can escalate into a legal conflict if the parties are not ready for dialogue. First of all, you need to remain calm and not rush to accuse each other of negligence or dishonesty.
According to realtor statistics, malfunction of household appliances is one of the three most common causes of disputes when renting housing. Refrigeration equipment refers to complex technical devices, and the failure of its nodes does not always depend on user actions. Understanding the legal norms and the terms of the rental agreement will help you quickly resolve the situation without involving third parties.
In this article we will look in detail at who is financially responsible for repairs, how to correctly fill out a breakdown report and what nuances exist depending on the cause of the malfunction. Legal literacy in this matter it will save you money and nerves.
Analysis of the employment contract and legislative framework
The first document that should be studied when a problem arises is agreement for the rental of residential premises. It specifies the rights and obligations of the parties regarding the use of property. If the text of the contract contains a clause stating that “minor household repairs are carried out by the tenant,” this may become the basis for the owner’s refusal to pay for the restoration of equipment.
However, according to the Civil Code of the Russian Federation, there are rules that apply even in the absence of a detailed clause in the contract. In particular, we are talking about major repairs elimination of deficiencies that arose not through the fault of the resident. If the refrigerator is out of order due to natural wear and tear or a manufacturing defect, the responsibility for repairing it falls on the shoulders of the owner of the property.
⚠️ Attention: If the rental agreement states that the apartment is rented with all equipment “as is” and the tenant assumes all risks, this does not relieve the owner from liability for hidden defects of which he is not aware warned.
It is important to distinguish between the concepts of routine maintenance and major repairs. Replacing a seal or a burnt out light bulb is often one of the minor expenses that the tenant incurs. At the same time, replacing compressor or refilling with freon is already a significant cost that the owner must bear.
Establishing the cause of the malfunction
Before discussing who pays, it is necessary to understand why the refrigerator broke. The reasons can be divided into two main groups: natural wear and tear and mechanical damage caused by the user. In the first case, the tenant’s fault is completely excluded.
Natural wear and tear is typical for old equipment. The service life of compressor or the thermostat is limited, and if the refrigerator has served for more than 10 years, its breakdown is a matter of time. In this case, the tenant is not to blame, since he operated the device in normal mode.
- 🔍 Natural wear and tear: failure of parts due to long-term operation (aging of rubber, exhaustion of motor life).
- ⚡ Power surges: if there was a surge in the network, it burned out electronics, which did not depend on the actions of the resident.
- 🛠️ Manufacturer's defects: hidden defects that appeared during operation.
A completely different situation develops if the breakdown occurred due to violation of operating rules. For example, if the tenant tried to defrost the refrigerator on his own with a knife and broke the evaporator, or did not clean the condenser for years, which led to overheating. In such cases Financial liability passes to the tenant.
How to distinguish wear and tear from breakdown due to the fault of the tenant?
If the refrigerator was humming and did not freeze well for the last couple of months, this is wear and tear. If it stopped working immediately after you moved it or tried to “fix” it yourself, it is most likely the user’s fault.
Procedure for action when a breakdown is detected
If you find that the equipment does not work, the algorithm of actions should be clear and documented. Chaotic calls to familiar technicians or attempts to repair the device yourself can be regarded by the owner as damage to property.
First of all, it is necessary to notify the owner of the apartment. It is best to do this in writing (messengers, email) so that confirmation of the time of contact remains. The message should describe the symptoms: “the refrigerator is on, the light is on, but it’s not freezing” or “extraneous noise is heard.”
☑️ Algorithm of actions in case of breakdown
The next stage is the diagnostics. Do not agree to the words of the master over the phone. Diagnostics must be carried out by a specialist in the presence of both parties or with the mandatory drawing up of an act. Only a professional’s conclusion can become the basis for identifying the culprit.
If the owner ignores the messages, send him an official notice demanding that the fault be eliminated within a reasonable time. According to the law, the owner of the property is obliged to provide property suitable for habitation and use for its intended purpose.
Financial issue: who pays for repairs
The issue of payment is the most pressing. If the cause of the breakdown is natural wear and tear, the owner is obliged to pay for repairs or replace the refrigerator with a similar one. The owner's refusal to pay in this case is illegal.
There is a practice when the tenant pays for repairs himself and then deducts this amount from the rent. Important: This can only be done with the written consent of the owner. Otherwise, you may be accused of non-payment of rent and terminate the contract unilaterally.
Consider the table of cost distribution depending on the type of malfunction:
| Type of malfunction | Cause | Who pays | Nuances |
|---|---|---|---|
| Replacement of the compressor | Natural wear | Owner | Requires an act diagnostics |
| Lamp replacement | Burnout | Tenant | Consumables |
| Wiring repair | Old wiring in home | Owner | If the connection diagram has not been changed |
| Evaporator is broken | Mechanical damage | Tenant | Full cost of repair |
In a situation where repairs are not economically feasible (the cost of work exceeds 70% of the price of a new device), the question of replacing the refrigerator is raised. The owner must buy a new one, since this is an improvement in living conditions and the preservation of property.
Drawing up a report of malfunction
The key document in resolving the dispute is defect report. This document records the fact of the breakdown, its nature and the presumed cause. Without it, it will be extremely difficult to prove your case in court or during negotiations.
The report is drawn up in free form, but must contain mandatory details: date, time, addresses, passport details of the parties, description of the equipment (make, model, serial number) and the conclusion of the master. The document is signed by both parties and the service specialist.
The report must indicate that the damage is not a consequence of improper operation. The phrase “no traces of mechanical impact were found” will become your main defense against the owner’s claims.
⚠️ Attention: If the owner refuses to sign the act, invite an independent witness (neighbor) or call a representative of the management company to record the fact of the complaint.
Keep a copy of the act with you until the end of the lease term. This document may be needed when returning the apartment so that the owner does not demand money from you for a “broken” refrigerator upon check-out.
Controversial situations and ways to resolve them
Situations often arise when the owner claims that the refrigerator was working when moving in, and the tenant insists on the opposite. This is where the principle of “presumption of serviceability” comes into force: the equipment is considered to be working until proven otherwise. The one who claims that the breakdown occurred by itself will have to prove the opposite.
If the dialogue reaches a dead end, you can offer a compromise: divide the costs in half. This is often more profitable than going to court, since legal costs and loss of time can exceed the cost of repairs. However, it is worth going for this only if the amount is small.
- 🤝 Compromise: 50/50 division of costs if it is impossible to prove guilt.
- ⚖️ Court: an extreme measure that requires expertise and time.
- 📉 Deduction: reduction of rent for the period while the refrigerator is not working (if it was an essential condition).
In some cases, tenants prefer to buy their own small refrigerator and put it in the kitchen, leaving the old one “as a souvenir” to the owner. This eliminates conflicts, but requires additional investments.
Prevention and recommendations for tenants
To minimize the risks associated with household appliances in rented housing, you should adhere to simple operating rules. Regular defrosting (if the refrigerator is not No Frost) and cleaning the rear grille from dust will prolong life compressor.
Do not overload the refrigerator chambers with food and do not place hot pots inside. Sudden temperature changes place excessive stress on the cooling system. Also, keep an eye on the tightness of the door: if the seal is worn out, notify the owner immediately.
If you see that the refrigerator is old and works intermittently, raise this issue before signing the contract. You can add a clause that if old equipment fails, the tenant has the right to purchase a new one at his own expense with the condition of compensation or deduction from the rent.
Frequently asked questions (FAQ)
Is it possible to terminate the contract if the refrigerator is not repaired?
Yes, if the absence of a refrigerator significantly violates the conditions of comfortable living stipulated in the contract, or makes it impossible to store food (for example, there is no other place in the apartment). However, first you need to officially notify the owner of the problem and give a reasonable period of time to fix it.
What to do if the owner demands money for the old refrigerator when moving out?
Demand an act drawn up upon check-in. If it says “used” or “needs repair,” the claim is unfounded. If the equipment was in working order, you will need a conclusion from the service center that the breakdown occurred due to wear and not your actions.
Who pays for the diagnostics if the technician says that the equipment is working?
Usually the cost of the diagnostics is paid by the one who called the technician, unless otherwise specified in the contract. If the call was agreed upon with the owner, it is logical to divide these costs or include them in the cost of future repairs.
Does the tenant have the right to throw away the old refrigerator himself?
Absolutely not. The property belongs to the owner. Disposal of someone else's property without the consent of the owner may be regarded as theft or damage to property, which may result in criminal liability.