Apartment problems.

Zysoclaplem

Diamond Member
Sep 26, 2003
8,799
0
0
Me and my roommates live in an apartment/duplex. Maintenance is responsible for fixing appliances.
Our refrigerator is on its last leg. We cannot store anything that can spoil in it. Milk goes bad within two days. It won't make ice. No meats. Too risky.
We have been complaining for a while. I have called and left messages with our landlord. He will not answer my calls. We have talked to the on-site landlady type person a few times. She in turn told the landlord and the maint. man. We have also left notes on the maint. man's door.
No one will do anything.

Do we have any rights? Can we use the rent to buy a new refrigerator?
Or use it to pay someone to come fix it.
I just want to have milk and frozen dinners and ice cream and just ice again.
 

dabuddha

Lifer
Apr 10, 2000
19,579
17
81
I have a similar issue with my apartment. That and some other problems I'm having with my unit (including a non working dryer).

I'm interested to see what options I have available because I couldn't find any government "agency" that keeps apt complexes in line.
 

Vette73

Lifer
Jul 5, 2000
21,503
9
0
Have to check state law and local rule to see if haveing a fridge is part of making it a liveable space.


Send them a certified letter saying the fridge has been broken sinceXYZ and must be repaired. That you have told them, list all the names and start keeping dates, on these times.


That alone will usually make them move.
 

Alyx

Golden Member
Apr 28, 2007
1,181
0
0
There are some things they must supply you by law, this being one of them. Put your complaint in writing, make a copy. Go down and get the form that lists what they must give you. Give them this to. I'm sure someone else on here knows where you need to go to find your laws. What state?
 

iRONic

Diamond Member
Jan 28, 2006
8,238
3,557
136
Google _________________(your state of residence) tenant's rights.
 

Alyx

Golden Member
Apr 28, 2007
1,181
0
0
California btw: "As for less serious repairs, the rental agreement or lease may require either the tenant or the landlord to fix a particular item. Items covered by such an agreement might include refrigerators, washing machines, parking places, or swimming pools. These items are usually considered "amenities," and their absence does not make a dwelling unit unfit for living.

These agreements to repair are usually enforceable in accordance with the intent of the parties to the rental agreement or lease.139"

http://www.dca.ca.gov/publicat...ordbook/problems.shtml
 

D1gger

Diamond Member
Oct 3, 2004
5,411
2
76
You will have to research the tenancy laws in your state to see what your rights are, they can be different in your jurisdiction.

For example, in Michigan:

Michigan Tenancy Rules

WHAT TO DO WHEN THE LANDLORD WON'T MAKE REPAIRS
These steps should be taken only after

1. you have documented your problem;

2. you've given the landlord time to repair;

3. the landlord has failed to act.

A. WITHHOLDING RENT

Withholding rent can be an effective strategy when your landlord fails to maintain your rental unit. Before your rent is due, deposit the money in a separate savings account and make a note of it in your records. Notify your landlord in writing that you have taken this action and explain why you have done so. State that you will release the money when the mainten ance problems have been corrected. Keep a copy of the letter for your rec ords and send the letter certified mail, return receipt requested. You sh ould be prepared to prove in court, if necessary, that your landlord has not made the repairs.

B. REPAIR AND DEDUCT

The Michigan Court of Appeals. in Anchor Inn v. Knopman, 71 Mich App 64 ( 1976), held that a tenant may make repairs and deduct the cost from rent where the landlord fails to make such repairs. The court required that t here be (1) a duty to repair (provided by statute - M.C.L.A. 554.139; M.S .A. 26.1109); (2) notice to the landlord that repairs are needed or actua l knowledge on the part of the landlord that repairs are needed; and (3) reasonable lapse of time from receipt of notice or actual knowledge by t he landlord so that s/he can make the repairs. Once these conditions have been met, you can proceed.

You should first call at least three companies for estimates (if it is a do-it-yourself job, call three stores to price parts). Once you have obta ined the estimates send your landlord a letter including the estimates. S tate that you will pay for the repairs out of your withheld rent or your next rent payment. Set a date for the landlord to make the repairs and st ate that you will take care of the problem yourself if s/he does not act by that date. Keep a copy of the letter and the estimates for your record s. Send the letter certified mail, return receipt requested.

If the landlord does not respond by the date you set, hire the lowest bid der (or purchase the parts) and pay for the work yourself. Send your land lord a letter in-forming him/her of your action and enclose the receipts for all of your expenditures.
 

Zysoclaplem

Diamond Member
Sep 26, 2003
8,799
0
0
Well this is not the first time this has happened. It has stopped working before, and within a week they had it replaced. It was not replaced with a new model, but it worked.
One of my roommates is going to talk to the ladyland person again today and let her know we intend to buy a new one with the rent.
 

sonambulo

Diamond Member
Feb 22, 2004
4,777
1
0
Originally posted by: Marlin1975
Have to check state law and local rule to see if haveing a fridge is part of making it a liveable space.


Send them a certified letter saying the fridge has been broken sinceXYZ and must be repaired. That you have told them, list all the names and start keeping dates, on these times.


That alone will usually make them move.

As a corollary to this when you send the letter, before sealing the envelope write the USPS tracking number on the top of each page of the letter so that the landlord cannot deny that you sent him that particular letter. Make sure you keep a copy as well.
 

slsmnaz

Diamond Member
Mar 13, 2005
4,016
1
0
Originally posted by: Zysoclaplem
Well this is not the first time this has happened. It has stopped working before, and within a week they had it replaced. It was not replaced with a new model, but it worked.
One of my roommates is going to talk to the ladyland person again today and let her know we intend to buy a new one with the rent.

I don't think withholding rent is a good option.
 

sonambulo

Diamond Member
Feb 22, 2004
4,777
1
0
Originally posted by: Zysoclaplem
Well this is not the first time this has happened. It has stopped working before, and within a week they had it replaced. It was not replaced with a new model, but it worked.
One of my roommates is going to talk to the ladyland person again today and let her know we intend to buy a new one with the rent.

No. NO. Check your local laws first and then make your next move in writing. If they do not respond quickly you can probably get them to reimburse you for any additional food expenses.
 

Zysoclaplem

Diamond Member
Sep 26, 2003
8,799
0
0
Originally posted by: sonambulo
Originally posted by: Zysoclaplem
Well this is not the first time this has happened. It has stopped working before, and within a week they had it replaced. It was not replaced with a new model, but it worked.
One of my roommates is going to talk to the ladyland person again today and let her know we intend to buy a new one with the rent.

No. NO. Check your local laws first and then make your next move in writing. If they do not respond quickly you can probably get them to reimburse you for any additional food expenses.

Okay. I will tell him.
 

TechBoyJK

Lifer
Oct 17, 2002
16,699
60
91
makes me appreciate the apartment I'm moving to. It's a loft apartment downtown with hundreds of units.

They keep a maintenance guy on duty 24/7. Not just a guy who sleeps there at night.

They used all the same (or similiar) models of washer and dryer throughout the unit, and they keep extras on site.

If I have any major appliance (fridge, washer, dryer), the maintenance guy will come, disconnect the unit, remove it, and replace it with a different one. They then take the broken one, repair it, check it and put back in the mix of backups.