Appliance Replacement / Repair Costs

[ws6whiteshark]

What is the name of your state? MD

I have a house that's 10 years old and all the appliances with the exception of the refrigerator are original. I had tenants in there for 1.5 years and they recently moved out. During the exit inspection, we tested the dish washer and it did not run properly and leaked. We informed the tenants and had a technician come in to look at it. We were told that it would cost more to repair it then it would to replace it. We asked for a quote for repair, which was over $500 dollars... so we elected to replace it with a new dish washer at 449.00 installed. According to our lease agreement, we state the following:

6. To pay, as additional rent, the cost of all repairs to the heating plant and plumbing, such as stoppage of drain pipe and toilets, the bursting of pipes by freezing, and all other damages to the premises of whatsoever nature, resulting from the use by Tenants or Tenant’s family, guests or occupants.

29. Tenants agree to pay, as additional rent, the cost for repair or replacement of all appliances, and agree to pay as additional rent, for all service calls and repairs to premises up to $500.00 per occurrence.

Both items were initialed by the tenants and lease signed.

I understand that many items are prorated, however, if I elected to have the dish washer fixed, it would cost the tenants $500.00 instead of $449.00. They are argueing that they shouldn't have to pay for anything... even though they broke it (found Corona bottle caps in the dishwasher along with chicken bones).

 

[Fl_renter]

29. Tenants agree to pay, as additional rent, the cost for repair or replacement of all appliances, and agree to pay as additional rent, for all service calls and repairs to premises up to $500.00 per occurrence.

Did you get the estimate in writing? If so, they agreed to repair OR replacement. I would definitely show them the copy of the estimate and their $51 savings. If my LL replaced an appliance without getting giving me a copy of a written estimate for more, I would fight it. However, I don't know who legally gets to choose whether or not you have to repair instead of replacing something.

 

[Just Blue]

Did you get the estimate in writing? If so, they agreed to repair OR replacement. I would definitely show them the copy of the estimate and their $51 savings. If my LL replaced an appliance without getting giving me a copy of a written estimate for more, I would fight it. However, I don't know who legally gets to choose whether or not you have to repair instead of replacing something.

I think the question is: How much is a 10 year old dishwasher worth? And can you LEGALLY make the tenant pay for a new mchn to replace a 10 year old mach? Seem like an unjust enrichment....

 

[Who's Liable?]

Just becuase it is in your lease, does NOT mean it is completely legal. You are goign to have a hard time convincing a judge that you deserve a new unit when the one that is being replaced is 10 years old... if I were the tenants, I would fight it...

 

[tranquility]

Even though I tend to look at things from the landlord's perspective, there's got to be justice as well. I don't think a judge would be very sympathetic to the argument that a 10 year old dishwasher deserves to be replaced by the tennant on move out absent evidence the tennant intentionally damaged it. If I were the tennant's attorney, I don't know how I'd fight it without looking at all the facts and reviewing the lease and the case law, but I'd certainly fight it. And, I would counter with any possible problem I could come up with as few people follow all landlord/tennant rules and duties in every detail.

Offer to split the difference. If the tennat refuses, let it go. If the tenant has any gumption, they will get a true-believer on their side as an attorney and make things very difficult for you. This just reeks of an overarching legality argument. Most courts do try to find some level of equity in their decisions.

 

[ws6whiteshark]

I could have had it repaired and billed them for the $500.00. Obviously they threw just about anything into this dishwasher...LOL!!! I chalk it up to neglect and misuse by the tenant. Like they saw too many TV commercials where kids (teens) throw just about anything into the dish washer. I do have the writen estimate to have it repaired showing the excess of $500 to repair the damaged dish washer. The tech basically said, I'll have to take the unit out, take it to the shop, disassemble it, order the parts, repair it, reassemble it, bring it back and reinstall it... all for a 10 year old machine it will cost you more then just buying a new one. I figure I'd go the least expensive route.

I don't mind spliting some, but what's interesting is when you go over the lease with the tenants and they just nod their heads paragraph after paragraph, initialing, agreeing with the terms of the lease and then later argue about what they feel they should pay and not pay. It makes you just shake your head and point at the lease and ask, "Is this your signature?" "Are these your initials?"

 

[Who's Liable?]

I don't mind spliting some, but what's interesting is when you go over the lease with the tenants and they just nod their heads paragraph after paragraph, initialing, agreeing with the terms of the lease and then later argue about what they feel they should pay and not pay. It makes you just shake your head and point at the lease and ask, "Is this your signature?" "Are these your initials?"

You're telling me that you went over every single line on all your paperwork when you bought your first car, and asked the dealership to explain in detail the parts you didn't understand?

 

[fairisfair]

I could have had it repaired and billed them for the $500.00. Obviously they threw just about anything into this dishwasher...LOL!!! I chalk it up to neglect and misuse by the tenant. Like they saw too many TV commercials where kids (teens) throw just about anything into the dish washer. I do have the writen estimate to have it repaired showing the excess of $500 to repair the damaged dish washer. The tech basically said, I'll have to take the unit out, take it to the shop, disassemble it, order the parts, repair it, reassemble it, bring it back and reinstall it... all for a 10 year old machine it will cost you more then just buying a new one. I figure I'd go the least expensive route.

I don't mind spliting some, but what's interesting is when you go over the lease with the tenants and they just nod their heads paragraph after paragraph, initialing, agreeing with the terms of the lease and then later argue about what they feel they should pay and not pay. It makes you just shake your head and point at the lease and ask, "Is this your signature?" "Are these your initials?"

Oh, for sure, you need to hope that your tenants take this to court. Then you can prove your point to a judge.

There isn't a judge on earth who is going to value a 10 year old piece of crap dishwasher with a brand new one. you will be lucky to get $50 for it.

 

[Alaska landlord]

Replace and raise the rent enough to cover the cost within a year. The new tenants will pay for the replacement dishwasher. deduct from the SD a reasonable amount from the deposit not to much to make them want to go to court over.

 

[Alaska landlord]

You're telling me that you went over every single line on all your paperwork when you bought your first car, and asked the dealership to explain in detail the parts you didn't understand?

Fair, not only do I make my applicants sit and read the lease line for line. but I highlight specific clauses and have them initial them. If the tenant-to-be has no time to read the lease, then they can find another place to live.

 

[ws6whiteshark]

You're telling me that you went over every single line on all your paperwork when you bought your first car, and asked the dealership to explain in detail the parts you didn't understand?

Apples and oranges.... apples and oranges.

 

[fairisfair]

Replace and raise the rent enough to cover the cost within a year. The new tenants will pay for the replacement dishwasher. deduct from the SD a reasonable amount from the deposit not to much to make them want to go to court over.

spoken like a true slum lord.

 

[ws6whiteshark]

Oh, for sure, you need to hope that your tenants take this to court. Then you can prove your point to a judge.

There isn't a judge on earth who is going to value a 10 year old piece of crap dishwasher with a brand new one. you will be lucky to get $50 for it.

That would be easy enough... Also, my wife and I lived at this house before moving into our new home and the 10 year old dishwasher was far superior in function and quality then the one we replaced it with. So, your 10 year old piece of crap comment may refect what's in your home (or rental), but not what's in ours.

The dishwasher's premature death was due to tenant neglect. If I replaced the dishwasher with the same brand and with the same functions, the dishwasher alone would have been $500.00... not including labor and/or delivery.

Also, I sit down with all my tenants and walk them through each and every line on the lease to make sure they understand. Several sections I require initials next to the language to ensure they understand after they read it.

I like the suggestions made by Alaska... nice!

 

[xylene]

The dishwasher's premature death was due to tenant neglect.

It broke not died, don't humanize it

How was the disdhawsher neglected and how did that cause it to break.

(PS Because it was dirty or their was a bottlecap in the trash rack is not enough)

Get proof of what you said and you have a defensible claim for the depricated value of your dishwasher.

 

[ws6whiteshark]

It broke not died, don't humanize it

How was the disdhawsher neglected and how did that cause it to break.

(PS Because it was dirty or their was a bottlecap in the trash rack is not enough)

Get proof of what you said and you have a defensible claim for the depricated value of your dishwasher.

Easy enough...