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washing maching

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lauras2u

Member
What is the name of your state? Illinois

My LL refuses to repair the washing machine. It is clearly listed in the lease as part of the leased propertyl

In Illinois, there is a repair and deduct clause but it states "If a repair is required under a residential lease agreement or required under a law, administrative rule, or local ordinance or regulation,..." this criteria is not met.

I posted on this before and i was advised to go ahead with the repair and deduct but i am still uncomfortable with that.

It is pretty clear to me, I will have to take my landlord to small claims court at the end of this lease. She is certain all repairs were caused by me and should be fixed by me. Can I rent a washing machine and sue her for the rental cost at the end of the lease?

Is it ok to do a repair and deduct? assuming that the washer is repairable, this is the cheaper option but, it will cost me $60 to have a repair person even come to my house and look to see what is wrong.
 


Cvillecpm

Senior Member
Have an appliance repair person DECLARK the LL's washer as non-operable and too costly to repair....then, Go BUY a washing machine (new or used), keep the old one at the rented property and when you move, take your washing machine and replace the old/broken one.

Once this is done, take pictures of the old/broken one and advise the landlord that you will keep it at the residence or they can remove it.
 

Who's Liable?

Senior Member
Have an appliance repair person DECLARK the LL's washer as non-operable and too costly to repair....then, Go BUY a washing machine (new or used), keep the old one at the rented property and when you move, take your washing machine and replace the old/broken one.

Once this is done, take pictures of the old/broken one and advise the landlord that you will keep it at the residence or they can remove it.
X2

BUT also IMMEDIATELY inform the LL of your actions and the findings of the plumber. You need to create a paper trail for when you vacate. I can guarantee when you leave, the LL is going to charge you for a broken washer!
 

lauras2u

Member
I wrote her a letter stating that she refused to repair the washer and i intended to repair and deduct. I mailed it registered.

The washer is major inconvience but does not fall under our repair and deduct law....there is no ordinance that states a rental must have a working washer.

The questions are: can i still repair and deduct as this is part of our lease? Can i reasonably rent a washer and have her pay for rental costs?
 

Alaska landlord

Senior Member
Normally, if the washer is provided by the LL, then it is his responsibility to repair. This does not mean that he has to eat the cost if you by intentional or neglect ruin the washer. Local law will dictate what the landlord’s duty is.

Word of advice, repair and deduct is not an immunization against eviction. The LL may elect to start eviction proceedings against you. In addition, there are strict rules about repair and deduct that you must follow. For instance you may have to mail the LL a certified letter of your intent, give him 10 or more days to perform his duty, then hire a professional to do the work. There is often a restriction on how much you can deduct. You may have to eat some of the cost of the repair. The other alternative is to buy a used washer for about 100.00 and do as Cville has suggested**************.. much less stressful.
 

lauras2u

Member
Normally, if the washer is provided by the LL, then it is his responsibility to repair. This does not mean that he has to eat the cost if you by intentional or neglect ruin the washer. Local law will dictate what the landlord’s duty is..
I know she is responsible for the washer. There is no local ordinace about working washers, did you expect there to be one? We did not neglect or abuse the washer, we used to to wash clothing...it doesnt spin any more.

Word of advice, repair and deduct is not an immunization against eviction. The LL may elect to start eviction proceedings against you..
This is why i do not want to repair and deduct, i would rather rent a washer and charge her.

In addition, there are strict rules about repair and deduct that you must follow. For instance you may have to mail the LL a certified letter of your intent, give him 10 or more days to perform his duty, then hire a professional to do the work. There is often a restriction on how much you can deduct. You may have to eat some of the cost of the repair. The other alternative is to buy a used washer for about 100.00 and do as Cville has suggested**************.. much less stressful.
I mailed her a letter stating that I intended to repair and deduct following all the IL. laws for legitimate repair and deduct. But, this is not a necessary repair to make the house livable; it is simply her responsibility.

As I stated earlier, it would cost me 60 dollars to get a repair person here to state whether or not the washer was repairable. I do not want to store a broken washer nor do i want to own a washer. I rented a house with a washer.

The question still being skirted around are:

IS IT REASONABLE TO RENT A WASHING MACHINE THEN CHARGE HER FOR THE RENTAL COSTS.

`
 

Alaska landlord

Senior Member
I

The question still being skirted around are:

IS IT REASONABLE TO RENT A WASHING MACHINE THEN CHARGE HER FOR THE RENTAL COSTS
`
The question is not being skirted. It's just not a serious question. Sorry, but I don't know how else to put it. If you cannot get her to fix the washer, then how do you expect for her to pay your washer rental bill? It would make more sense to buy a used one for about 150.00 and attempting to bill her. Of course you will never get paid but it will still in the long run cost you less.

Also, just because you only used it for washing does not eliminate the possibility of mis-use. The biggest cause of washers breaking down is unattended use. The clothing shifts and causes uneven spinning and knocking of the washer. I can't tell you how many times my tenants have me calling the repair guy. Of course nobody ever takes responsibility.

Unless you are willing to go to court on this you are spinning your wheels.
 
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lauras2u

Member
oh sorry, of course she wont pay...as i stated in original post, i expect to have to take her to small claims court at the end of the lease.
 

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