tenant/landlord issue

compassion101 · ‎08-29-2014

We signed a lease feb 15 and moved in and stated paying rent on march 1. It's a 1 year lease that goes till feb 28.

In the agreement (at my insistance) is a written-in clause that says "Landlord will take care of appliance repair for the first 6 months"

I contacted the landlord on aug 26 about an issue with the washer machine (covered under appliances, and the first repoted problem with any appliances). Her stance is that the 6 month coverage is from lease signing feb 15-aug 15 and we have to pay for the repair ouselves. I'd like others opinions on this matter.

FYI, I'm usually a common sense type person but the landlord is letter-of-the-law particularly when their money is in question. They don't want to be landlords just want to sell the property but can't get the price they want.

Kirmie2010 · ‎08-29-2014

Weird, what state do you live in? Every place ive ever rented from had to fix anything that broke and at no cost to us. Is it your appliances?

I would think it starts from lease signing. Only reason being is we've always rented from apartment complex's that had onsite management so you signed papers, got keys and moved in. But the last place we moved to does not because its just a quadplex in middle of nothing. We signed our lease 3 days before our move in(had to wait for leasing agent to meet us there to finish signing papers and get keys), everything on paper counted as us renting for those days but not being charged or pro rated for it, but it was leased to us on that date. So the office here goes by lease date, not move in date.

So I would think whatever day you signed your lease on is the one the law would go by. But I do not know anything, just deduction.

juggalo9er · ‎08-29-2014

@japakar wrote:
Weird, what state do you live in? Every place ive ever rented from had to fix anything that broke and at no cost to us. Is it your appliances?

I would think it starts from lease signing. Only reason being is we've always rented from apartment complex's that had onsite management so you signed papers, got keys and moved in. But the last place we moved to does not because its just a quadplex in middle of nothing. We signed our lease 3 days before our move in(had to wait for leasing agent to meet us there to finish signing papers and get keys), everything on paper counted as us renting for those days but not being charged or pro rated for it, but it was leased to us on that date. So the office here goes by lease date, not move in date.

So I would think whatever day you signed your lease on is the one the law would go by. But I do not know anything, just deduction.

+1 state law would supercede the contract. in indiana the law moreless says if its in the unit it must be functional....

compassion101 · ‎08-31-2014

In Pennsylvania. I move basically every 2 years or so to different city and this is the first time I've ben in PA and also the first time I've ever had appliances not covered. I only learned of it at the lease signing, to which I objected, and they agreed to a six month clause that would cover repairs to appliances.

Seems to me like it should cover the 6 months after we move in. Given that if there were no clause (o months appliances covered) and we signed the lease feb 15 but moved in mar 1, if the appliances were noit working they would be the landlords responsibility, so I would think that the 6 months begins from there. Obviously I am biased hence why I asked.

So second question now, if I repair the appliance, does it then become my appliance after I leave? Or am I foolishly repairing the landlord's appliance who gets that benefit when I leave?

Anonymous · ‎08-31-2014

Just go the old school way and wash your dishes in the sink. Then when you move out, and the next smart person that comes into that apartment, they can have the landlord fix the washing machine. I was a college student for 3 years and had to do all sink washing, wasn't really hard especially i ended up using the same bowl, plate, and silverware while the other 3 sets that came with the 4 set box just gathered dust.

Kirmie2010 · ‎09-01-2014

If you pay to have them repaired they are not yours. If it came in the unit, it stays after you go. You may be able to send the bill to your management company for a reimbursement but the way it sounds its setup, thats not going to happen.

Weird setup you have, chances are when you move out, whatever is not working will be repaired and it will be out of your pocket/deposit.

It would be nice to have it from move in date, but the move in date is not when you signed the lease. If the clause states move in date, then your good. If the clause states lease signing then its the day you signed.

Maybe the appliances are not part of your unit so if they broke the landlord planned to just remove and not replace. So the clause was put in place so they dont have to give you a new one when it broke. Just guessing.

May just give a local lawyer a call, they can probably answer every question in a few minutes.

Lots of PA info below.

http://www.nolo.com/legal-encyclopedia/overview-landlord-tenant-laws-pennsylvania.html

thom02099 · ‎09-01-2014

@compassion101 wrote:
We signed a lease feb 15 and moved in and stated paying rent on march 1. It's a 1 year lease that goes till feb 28.

In the agreement (at my insistance) is a written-in clause that says "Landlord will take care of appliance repair for the first 6 months"

I contacted the landlord on aug 26 about an issue with the washer machine (covered under appliances, and the first repoted problem with any appliances). Her stance is that the 6 month coverage is from lease signing feb 15-aug 15 and we have to pay for the repair ouselves. I'd like others opinions on this matter.

FYI, I'm usually a common sense type person but the landlord is letter-of-the-law particularly when their money is in question. They don't want to be landlords just want to sell the property but can't get the price they want

Your best recourse would be to contact an attorney. Even though you may have signed the lease on the 15th, unless you moved in the same day, the implied addition to "the first 6 months" would be "of occupancy". If you did not have full use of the appliances until a later time, your "clock" should start from the date that you physically were able to use the appliances.

As with other responses, I've never heard of such a thing, in a rental property where the tenant is responsible for repairs to appliances that came with the property. As someone who's rented in the past, I've always contacted the landlord for anything that CAME WITH THE HOUSE and needed repair. Obviously, if you owned an appliance (such as a washer/dryer combo) that you brought in yourself, you'd be responsible. But if the landlord provided them, the landlord should be responsible.

IOBA · ‎09-03-2014

You signed a committment to occupy the property effective March 1, 2014. That is when you would have recieved the keys/access to the property, right?

The six months begins March 1, 2014.

I had an attorney draw up a lease for my housemates. In the lease, it says that they have seven days to tell me if there is a problem. Anything reported after seven days is at their expense to remedy.

The housemates have reported a few problems several weeks after move-in. Two are appliance issues. I am not making a big deal about it. My lawyer drilled it into me that for all technical aspects, I am a "landlord."

I am paying to resolve both appliance issues. One, we just couldn't have known about before. Period. The other issue could have been deliberate caused, but I don't know. So, as a courtesy, I am taking care of that issue too. (I think it may have been deliberately caused because the problem did not exist prior to their move-in and it "suddenly" appeared four weeks after move-in. It's just such a bizarre problem. BUT - I am taking care of it, at my expense.)

It's all about building good relations with the tenants.

I personally think the landlord needs to pay for the repair. Honestly, you never know when there will be an appliance problem. The appliances in my place are relatively new and I bought an extended warranty. So my out of pocket expense will be minor. I am also thinking about getting the home warranty that covers all appliances, no matter how old they are, when the extended warranties expire. (Maybe you could suggest that to your landlord.) Regardless, the lease my housemates sign say they are responsible for repair/for replacement of all appliances they use.

I'd suggest going back to the landlord and asking them to resolve the problem. If they say no, ask for that no in writing.

compassion101 · ‎09-04-2014

All good suggestions/responses.

Unfortunately, it seems the landlord is not interested in any sort of relationship, but rather doing only what she can be held to under the contract. A shame cause in 20 years renting I've never had an issue with an owner before. She apparently does not want to be a landlord and has been trying to sell the house for a while.

StartingOver10 · ‎09-07-2014

@compassion101 wrote:
All good suggestions/responses.

Unfortunately, it seems the landlord is not interested in any sort of relationship, but rather doing only what she can be held to under the contract. A shame cause in 20 years renting I've never had an issue with an owner before. She apparently does not want to be a landlord and has been trying to sell the house for a while.

I'm a Realtor. I see this when someone is 'forced' into being a landlord when they really would prefer sell the property rather than lease it. It is a shame. Take the high road. Fix the appliance if you need it. Keep the receipt. Send notice to the landlord with a copy of the receipt (not the original). Make sure you send notice per your lease agreement. Keep a record of all of your rent payments. The reason I am saying all this is because landlords' like the one you describe have a tendancy to try to keep the security deposit. You want to have all of your ducks in a row in case your landlord tries to pull that on you. Most landlord-tenant laws are tenant friendly, especially in small claims and especially if you have your documentation. Better to be prepared and not need it than to need it and not have it. Good luck.