Refrigerator Went Out While We Were Out of the Country

[Emilio Ramirez]

My wife and I manage our own properties and were out of the country when a tenants refrigerator went out. We had our Dad go check it out and he seemed to think it was running fine. The tenant claims that it was running, but not cooling. We just got back and March 1 rent is due. The tenant is claiming that she talked to her brother (a big landlord in town and her mom) and has stated that they think a fair rent deduction will be $150. She is claiming that she had spent $100 in groceries and had to eat out extra because the refer wasn't working.

We got a spare refer to her this past saturday2-27 and her original request from what I can gather at this point came in around 2-22 through 2-24. My plan is to fully investigate what happened to the extent of my ability and then negotiate something out of next months rent or some other payment. However, if she doesn't pay march 1 rent in full without allowing me to do my investigating I am going to serve her with a 5 day pay or quit which would be her first breach of lease. WI allows two before you can evict. I am ok to work with this person, but what is the right thing to do here. I don't think I am being unreasonable and feel she is trying to take advantage of the situation. At the end of the day $150 doesn't seem like a lot of cash, but it's the principle of it. Any thoughts or comments.

[Jon Holdman]

My lease says:

I'd tell her she should have put her stuff in a cooler and called an appliance repairman or bought a new fridge. I'd tell her I'd get the old one out of there as soon as I could.

Of course, you need to know you local law and be sure they don't mandate a fridge.

OTOH, if its really dead, and she was a good tenant that had been there a while and always paid on time, I might give a little leeway. You've replaced the fridge. Spoiled groceries are something the tenant could have dealt with.