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Updated about 4 years ago on . Most recent reply

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125
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94
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Tammy Mason
  • Investor
  • Fontana, CA
94
Votes |
125
Posts

Replaced Refrigerator by tenant without notice

Tammy Mason
  • Investor
  • Fontana, CA
Posted

My tenants sent me the following message. There was no previous messaging of any problems; they informed me of replacing and discarding the previous unit all in one message. Then expect me to pay for the new unit. The receipt they provided does not clearly indicate a refrigerator purchase at all, just an "order id" and "recall amount"; there is no indication of a product type, name, etc. The total with tax is a bit below $750, which is reasonable for a refrigerator but why would they not give me some notice about the issue? The receipt is dated October 24 but they first contacted me about it on November 1. I still don't know if the water was ice maker water, condensation water, or something else.
I'm tempted to just tell them that the new refrigerator they claim to have bought shall remain their property and I will just call it a loss on the previous refrigerator.
---
Good evening,
The refrigerator has started to leak water and we decided it was time for a replacement. Would you like to deduct the amount from the rent? It will be delivered and installed by the *unnamed* service representatives on *date*
Thank you for your time and consideration
---
In a later email, in reply to a request to send me an image of the problem with the old unit and a picture of the new unit. That's when they said this:
---
The old refrigerator was leaking water from the freezer and freezing all the food on the first two shelves. Water would also leak out onto the floor when the door was open. I don't believe it was in anyone's best interest to have water leaking in any part of the house. *unnamed entity* delivered the new refrigerator and we paid $25.00 for them to take away the old one. We understand if it is not in your budget to reimburse.

Most Popular Reply

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28,047
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Nathan Gesner
  • Real Estate Broker
  • Cody, WY
41,040
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28,047
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Nathan Gesner
  • Real Estate Broker
  • Cody, WY
ModeratorReplied

A couple things:

1. First and foremost, Tenants are not allowed to swap appliances whenever they want. Your previous refrigerator probably required a very simple, inexpensive fix and they were wrong to throw it out. Tenants should always contact you when there is a problem and let you deal with it. The water leaking on the floor was probably minimal and could have been handled with an absorbent towel while seeking a permanent solution. 

2. They said "We understand it is not in your budget to reimburse." They are hoping you'll pay them for it, but they are not demanding it.

3. Even if you don't pay for the new fridge, it is still yours. The tenants removed yours without permission and they are required to replace it. They can't take the new fridge without replacing your fridge with a similar quality item.

Modern freezers are "frost free" so they don't build up ice. To do this, they remove the moisture from the freezer compartment and drain it down a tube. That tube can be covered by food or ice, preventing the water from draining. Then the water spills out into other areas, eventually leaking on the floor. This can usually be remedied with a hair dryer and five minutes of time. Or it can be permanently fixed by a technician installing a small heating unit that prevents ice from building up in the drain.

Long story short, the tenant should not have disposed of your fridge. On the other hand, you are getting a new appliance. I would consider reimbursing the tenant 2/3 of the cost with a clear, written agreement that the fridge remains in the home when they leave. I would also remind them that they need to report future maintenance issues to you as the Landlord and that it's inappropriate for them to make changes to the home without your knowledge/permission.

  • Nathan Gesner
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