washing machine repair

[boilrman]

What is the name of your state? Texas

I am in about the 5th month of a home lease. The home had a washer, dryer, stove and fridge supplied by the LL when I moved in. When I went to use the washer, it leaked a large amount of water onto the concrete floor in the garage, so I didn't use it again. I called the realtor(she handles the property for the owner) and told her of the washer issue. She more or less said, tough get your own. I believe the way the contract reads she(owner) should repair or replace unit.

I did receive a 2nd unit and ran a test load with unit away from the wall. When complete, I pushed it back to the wall and found a small puddle of water. I called the guy who delivered the 2nd washer as he is hired by the realtor to make repairs, deliveries, etc. He said he would let the realtor know. he didnt.

I spoke with the realtor the other day and informed her of the washer and she claims that she, not the owner purchased the washer and now she is out $$.

The contract reads

2 Property : Landlord leases to tenant the following real property: (legal property address)
with the following non-real property items: ceiling fans, window blinds throughout, washer, dryer and refrigerator. The real property and the non-real property are collectively called the "property"


So is the LL repsonsible for providing a working washer or not?

Thanks for any advice.

 

[Hot Topic]

Is there any place where it says that the landlord accepts the responsibility for repair of what are considered luxury items?

 

[TheGeekess]

Is it possible that the water leak is coming from the drain the washer is supposed to drain into? I've seen it happen.

 

[las365]

It sounds like the lease includes an operational washing machine, dryer and refrigerator.

If the realtor/property manager is paying for the machines and/or repairs, her issue in regard to that is between herself and the owner. That has nothing to do with you.

Regardless of whether the problem is with the machine, the hookup, the drain, or something else, it is important that it be corrected. Water damage can cause significant property damage. You are right to report it to the property manager and I suggest you do so in writing by certified mail, return receipt requested and by regular mail, for your own protection from potential allegations that you didn't report the problem. Of course, in the letter you also make a demand that the problems be fixed so you have a usable washer as described in your lease. If you know the owner's address, copy him or her with the letter, also by CMRRR and regular mail.

 

[Zigner]

So is the LL repsonsible for providing a working washer or not?

Thanks for any advice.

If the lease is silent as to who maintains the appliances - then I would say that yes, the LL is responsible.
However, are there any clauses about who is supposed to maintain them?

 

[boilrman]

The lease does not mention and repair issues as to fixing the appliances. The realtor says these are not part of the home so the LL does not have to fix them. But as stated above the contract reads these items are leased to the tenant, both real and non-real property. So I feel she is liable to provide and/or make adjustments in rent.

The realtor even said if the fridge went out, the LL is not responsible, but that she would probably fix or replace.

any other thoughts? I agree with putting it in writing, I will be doing that this weekend.

 

[ecmst12]

If the washer broke because of something YOU did, I bet LL would expect you to fix it. Since you were not negligent in causing the leak, It is reasonable for you to expect him to repair his property which is provided for your use according to the lease.