Definition of "As a Courtesy"

[janedoe123]

Colorado

My lease says "Major maintenance and repair of the leased premises, not due to Lessee's misuse, waste or neglect ... shall be the responsibility of Lessor...". It also says, "washer/dryer left as courtesy to Lessee". I understand this means the lessor does not have to repair/replace the W/D if they break, but does it mean that I am responsible for repairing them if they break?

The washer stopped working two weeks after we moved in. The owner plans to repair it and then sell both the washer and dryer. I have asked her to leave the dryer for the duration of the lease. She is saying if she does that, then we will be responsible for repairing it if it breaks. I don't think that is correct -- advice, please?

Thank you very much!

 

[ecmst12]

If you break it, absolutely.

 

[janedoe123]

Thank you for the response. I do have a follow-up question:

How is this different than, say, if the water heater stops working? The lessor is obviously responsible for that repair. If the dryer were to stop working, it would be from normal wear-and-tear (it's not a new unit), not through "misuse, waste or neglect". Does the fact that it is provided "as a courtesy" make the difference? (In which case it seems a lessee should never use anything provided "as a courtesy". The lessor could provide a unit that is known to be questionable and then get a free repair from the lessee.)

I thought "as a courtesy" meant that if the unit works I can use it but if it stops working, the lessor is not obligated to fix it. Apparently there is more to it than that; would you please explain exactly what that phrase means?

Thank you again.

 

[Gail in Georgia]

A landlord is obligated to provide a source of hot water to a tenant. If the heater breaks the landlord would be responsible for repair/replacement UNLESS the tenant deliberately damaged the unit.

The landlord is providing you a dryer as a courtesy. It is not a requirement that the landlord/management provide this. Indeed, the landlord wishes to sell the washer and dryer units and your request to keep the dryer in the unit hinders their ability to do this. You wish to have the free use of the dryer and yet place the burden of repairing it (should it break) on the shoulders of the landlord.

Gail

 

[janedoe123]

Thank you for the response.

I am not trying to be unreasonable; I'm just trying to understand my rights and responsibilities as it pertains to the phrase "provided as a courtesy". No one has yet provided a legal definition of that phrase. But from the responses I have received, it sounds like it means I have no rights (i.e., no right to expect the W/D to remain onsite for the duration of the lease) but full responsibility should the item break. Wow -- who would ever agree to that?!?! (Rhetorical -- I guess I did and didn't realize it.)

(And if anyone can objectively explain what "provided as a courtesy" means -- including the lessor's rights and responsibilities and the lessee's rights and responsibilities -- I would still appreciate a response to that question.)

Thank you for your time.

 

[Mass_Shyster]

Black's Law Dictionary (8th ed. 2004)

courtesy. See curtesy.

curtesy (k<<schwa>>r-t<<schwa>>-see). At common law, a husband's right, upon his wife's death, to a life estate in the land that his wife owned during their marriage, assuming that a child was born alive to the couple. • This right has been largely abolished. Traditionally, the full phrase was estate by the curtesy of England (or Scotland). — Also spelled (esp. in Scots law) courtesy. — Also termed tenancy by the curtesy. Cf. dower.

Merriam-Webster
Main Entry: 1cour·te·sy

1 a : courteous behavior b : a courteous act or expression
2 a : general allowance despite facts : indulgence <hills called mountains by courtesy only> b : consideration, cooperation, and generosity in providing something (as a gift or privilege); also : agency, means —used chiefly in the phrases through the courtesy of or by courtesy of or sometimes simply courtesy of

So it sounds like you need to use the common usage: That the washer and dryer were left so you could use them, with no responsibility on either party.

Now that they are not working, the landlord has no responsibility to fix them. LL will fix them under the condition that you accept responsibility for them.

You can always find used appliances on craigslist. It may be cheaper for you.

 

[janedoe123]

Thank you very much for the reply.

I already told the LL I probably wouldn't take responsibility for the washer (i.e., wouldn't use it), even if she repaired it, because that particular model has a history of breaking down repeatedly. I am really just talking about the dryer, which is NOT BROKEN. Based on this reply, it seems that if I did continue to use THE DRYER, I would NOT be responsible, should it break, because that item is not the one being repaired.

However, I still don't understand if the LL has THE RIGHT to remove the dryer during the lease term. (I can still make good use of a dryer without an automatic washer, so I feel like I'd be doing her a favor by letting it go now.)

Since I have received different responses about my responsibility, I will probably just let it go. I suppose any "courteous behavior" can be revoked (i.e., dryer removed) at any time. But unless she is within her legal right to do so, it makes me less inclined to reciprocate the courteous behavior. (After we moved in, she has asked us to do some special yard maintenance -- not in the lease.)

Lesson learned: never accept "provided as a courtesy" in a lease clause (at least not without full clarification of each party's rights and responsibilities).

 

[HomeGuru]

Thank you very much for the reply.

I already told the LL I probably wouldn't take responsibility for the washer (i.e., wouldn't use it), even if she repaired it, because that particular model has a history of breaking down repeatedly. I am really just talking about the dryer, which is NOT BROKEN. Based on this reply, it seems that if I did continue to use THE DRYER, I would NOT be responsible, should it break, because that item is not the one being repaired.

However, I still don't understand if the LL has THE RIGHT to remove the dryer during the lease term. (I can still make good use of a dryer without an automatic washer, so I feel like I'd be doing her a favor by letting it go now.)

Since I have received different responses about my responsibility, I will probably just let it go. I suppose any "courteous behavior" can be revoked (i.e., dryer removed) at any time. But unless she is within her legal right to do so, it makes me less inclined to reciprocate the courteous behavior. (After we moved in, she has asked us to do some special yard maintenance -- not in the lease.)

Lesson learned: never accept "provided as a courtesy" in a lease clause (at least not without full clarification of each party's rights and responsibilities).

**A: you now understand.

 

[justalayman]

left as a courtesy= LL didn't want to take the time of effort to move them but definitely did not want to include them as part of the appliances.

as to your liability: research gratuitous bailment. That is what you have in your situation and as such, you are responsible to return the appliances in the same condition you received them. If they are damaged (or simply quit working) because of your acts, you are liable for the repair.

 

[FarmerJ]

If this is a single family home It sounds as if your best bet is to get your own washer and dryer and put the LLs machines into another area of the basement or drain washer and store in the garage or any outbuilding and not use them ,keep them covered up and If LL leaves them where they are then put them back when you move out someday. If LL wants to remove them then either ask the LL to sign a short letter you prepared that states the date and that the LL has removed the machines from the property ( address) and signs it , If LL wont then take pics, vid of them doing so for your own records. Personally If it was me I take the view that if a LL leaves something like a washer , dryer , freezer etc in a rental unit then its part of the deal and LL must accept responsibility for repair of item ,(some city inspections desk take the same view too ) its the same way if LL wants to exclude something like say a garage or shed on property then LL better make sure lease excludes the space other wise every inch of the property and all items on the property are for tenant use included in the rent. SO I figure your LL is going to try to play games over the appliances , and if you use them and they break LL will try to force you to pay for repair , see LLs use of word curtesy is lame , If LL doesnt want to be obligated to maintain them LL should not have even had them in the unit. Try to get them to sign a simple letter acknowledging they have removed them from the property for your records.

 

[janedoe123]

Thank you VERY MUCH for suggesting I look up gratuitous bailment; I had never heard of that before. If "left as a courtesy" implies gratuitous bailment, then it does sound like the LL has the right to remove the W/D at any time. This is the closest I've come to getting an answer to that specific question, so thanks for the suggestion.

Interestingly, the same reference also that states, "With a gratuitous bailment, the bailee will not be liable for damage to the property unless he was grossly negligent." This seems to contradict the assertion that I would be responsible for the repair if the appliances simply quit working.

Wow, I thought this was a simple question. I am amazed the answer is not so straightforward. Thanks to everyone who provided constructive input.

 

[justalayman]

I have to caution you about considering the gross negligence. That would apply to a gratuitous bailment is situations where the only benefit was to the bailor. This is a little bit different situation. You are using the items.

In a bailment for mutual benefit, the bailee must take reasonable care of the bailed property. A bailee who fails to do so may be held liable for any damages incurred from his or her Negligence. When a bailor receives the sole benefit from the bailment, the bailee has a lesser duty to care for the property and is financially responsible only if he or she has been grossly negligent or has acted in bad faith in taking care of the property. In contrast, a bailee for whose sole benefit property has been bailed must exercise extraordinary care for the property. The bailee can use the property only in the manner authorized by the terms of the bailment. The bailee is liable for all injuries to the property from failure to properly care for or use it

.

this last type of gratuitous bailment is what you are involved with. You do have a duty to return the appliances in the same condition you received them minus ordinary wear and tear. This is the same type of situation as if you loaned a car to somebody or a piece of clothing. The loaner is entitled to receive the property back in the same condition it was loaned minus ordinary wear and tear. A car is the easiest to explain the situation to use as an analogy.

If you used somebody else's car, you must return it in the same condition as when you got it minus normal wear and tear. So, depending on how long you had it, the tires wearing out would be normal wear and tear. If the car were damaged, then it is on you to pay for the repairs, even if you were not responsible for the damage, such as when somebody hit you.

if not for you using the vehicle, there would be no damage.

same thing for the washer and dryer:

If not for you using the washer or dryer, they would still be working (presuming we are talking about after they quit working). That means you are generally liable for the repairs.

 

[WaltinPA]

I lived in Denver area of Colorado 1996-98. Used major appliances including washers & dryers were offered by numerous stores specializing in used ones. I purchased a used pair for $300 when new would have cost $800 or more. Even got a 1-yr warranty with the units. Washer was good unit but dryer was a bomb - seller even did a 'no charge' after warranty expiration.

My take: you want LL to bear the burden (responsibility & repair) when it was made clear at the start that LL did NOT wish to do that, hence the 'as a courtesy' language.

Get your own equipment & enjoy the benefits (do laundry at ANY time of day or night; avoid lugging stuff to laundromat, etc. etc.). W/D payments aren't that much more than the cost & hassle of doing a laundry run every week.