Dishwasher leak and its dispute

[littleJoe]

What is the name of your state? Massachusetts

Dear Advisor,

I would like to consult experts regarding a dispute between tenants and a landlord.

After two years, the tenants moved out. The landlord discovered that the dishwasher was leaking when running. A technician found that a cover inside the dishwasher door was removed and left inside the dishwasher. Once the cover was reattached, the dishwasher operated without leaking. The technician suspected that the tenants might have mistaken the cover for a detergent compartment, as it requires 6-7 turns to secure it, making it unlikely to come off by itself.

The leak caused some damages, and the landlord wants to deduct the repair cost from the security deposit.

The tenants claim they are not responsible as they never used the dishwasher in the two years they lived there.

The landlord claims the dishwasher was in good condition before the tenants moved in, also the tenants should report broken issues especially leaking.

What is your opinion on who is at fault and whether the landlord should use the security deposit to cover the repair cost?



Thanks for your thought.

L.J.

 

[zddoodah]

What is your opinion on who is at fault and whether the landlord should use the security deposit to cover the repair cost?

I have no opinion because I've seen no evidence.

If the landlord wants to deduct for this, he/she/it is free to do so. If the landlord makes the deduction, then the tenant will have to decide if it's worth the trouble of suing over it. If the tenant sues, then the landlord will have the burden of proving that it was the tenant's fault. If the tenant testifies that he/she never used the dishwasher and that testimony is believed, then the landlord likely will fail to meet the burden.

 

[adjusterjack]

The leak caused some damages, and the landlord wants to deduct the repair cost from the security deposit.

Repairs to what?

How much money will the repairs cost?

 

[littleJoe]

Repairs to what?

How much money will the repairs cost?

Mainly repair the damaged floor that happened for some time. The cost to repair is around $2000.

 

[littleJoe]

I have no opinion because I've seen no evidence.

If the landlord wants to deduct for this, he/she/it is free to do so. If the landlord makes the deduction, then the tenant will have to decide if it's worth the trouble of suing over it. If the tenant sues, then the landlord will have the burden of proving that it was the tenant's fault. If the tenant testifies that he/she never used the dishwasher and that testimony is believed, then the landlord likely will fail to meet the burden.

Thanks for sharing your thought.

 

[adjusterjack]

Mainly repair the damaged floor that happened for some time. The cost to repair is around $2000.

I am a former landlord. For that kind of money I would apply the security deposit. The event happened during their tenancy. Their denials are likely to be deemed spurious.

However, before you can apply the security deposit you have to determine if you complied with the MA security deposit statute.

General Law - Part II, Title I, Chapter 186, Section 15B (malegislature.gov)

It's a lot to read but you have to read it carefully. It's comprehensive and strict. If you failed to comply with even one of the requirements you could end up losing the entire deposit in court along with paying penalties.

 

[LdiJ]

I am a former landlord. For that kind of money I would apply the security deposit. The event happened during their tenancy. Their denials are likely to be deemed spurious.

However, before you can apply the security deposit you have to determine if you complied with the MA security deposit statute.

General Law - Part II, Title I, Chapter 186, Section 15B (malegislature.gov)

It's a lot to read but you have to read it carefully. It's comprehensive and strict. If you failed to comply with even one of the requirements you could end up losing the entire deposit in court along with paying penalties.

There is also the issue of depreciated value and useful life. Example, if the useful life of the particular flooring you had in the kitchen was 20 years, and we are on year 19, then it is very unlikely that you can claim the entire $2000.00 repair. You can probably only claim 1/20th of it. If the useful life of the particular flooring was 10 years and we are only on year 2, then you can likely claim most of the $2000.00 but not necessarily all of it...and every combination in between.

I also suspect that the repair guy could tell if the dishwasher had been used in the recent past or not, therefore I suspect that the landlord has some idea as to whether or not the tenant's claim is accurate.

 

[quincy]

What is the name of your state? Massachusetts

Dear Advisor,

I would like to consult experts regarding a dispute between tenants and a landlord.

After two years, the tenants moved out. The landlord discovered that the dishwasher was leaking when running. A technician found that a cover inside the dishwasher door was removed and left inside the dishwasher. Once the cover was reattached, the dishwasher operated without leaking. The technician suspected that the tenants might have mistaken the cover for a detergent compartment, as it requires 6-7 turns to secure it, making it unlikely to come off by itself.

The leak caused some damages, and the landlord wants to deduct the repair cost from the security deposit.

The tenants claim they are not responsible as they never used the dishwasher in the two years they lived there.

The landlord claims the dishwasher was in good condition before the tenants moved in, also the tenants should report broken issues especially leaking.

What is your opinion on who is at fault and whether the landlord should use the security deposit to cover the repair cost?



Thanks for your thought.

L.J.

How obvious was the leak and the water damage? Was this something the tenants would have/should have noticed (if they did in fact use the dishwasher)?

 

[eerelations]

I once had a convo with a young woman (aged about 22, 23) who was totally under the control of her husband. She wasn't allowed to go out without him, she wasn't allowed to work, she wasn't allowed to talk on the phone to anyone except her husband and her husband's father. The only reason she talked to me (at all, and about this) was that the stated hours wouldn't work for her because they would overlap slightly with her husband's at-home times. I went off to get her some domestic abuse hotline numbers, and when I returned to the interview room, she was gone. I tried calling her but the number she'd put on her resume (which I'd used successfully to schedule the interview) was out of service.

Anyway, one of the things she told me was that she and hubby had recently moved into a nice apartment that had a dishwasher. She was quite excited about this, until hubby covered the dishwasher with duct tape, saying that she couldn't use it 'cause it would make her lazy. (So she would have to stay at home at all times 'cause she'd be too busy washing dishes to go out?)

This story about the cover of the dishwasher being eff'd up + the tenants claiming they'd never used it resonates somehow with me.

 

[quincy]

I once had a convo with a young woman (aged about 22, 23) who was totally under the control of her husband. She wasn't allowed to go out without him, she wasn't allowed to work, she wasn't allowed to talk on the phone to anyone except her husband and her husband's father. The only reason she talked to me (at all, and about this) was that the stated hours wouldn't work for her because they would overlap slightly with her husband's at-home times. I went off to get her some domestic abuse hotline numbers, and when I returned to the interview room, she was gone. I tried calling her but the number she'd put on her resume (which I'd used successfully to schedule the interview) was out of service.

Anyway, one of the things she told me was that she and hubby had recently moved into a nice apartment that had a dishwasher. She was quite excited about this, until hubby covered the dishwasher with duct tape, saying that she couldn't use it 'cause it would make her lazy. (So she would have to stay at home at all times 'cause she'd be too busy washing dishes to go out?)

This story about the cover of the dishwasher being eff'd up + the tenants claiming they'd never used it resonates somehow with me.

If someone has never had a dishwasher or been taught how to use one, they can be a puzzling contraption.

In my rentals, we leave directions for the (mostly young student) tenants on how to use both the dishwasher and the stove.

 

[Just Blue]

My eldest is very "green" and will not use a dishwasher. She, very carefully, does all dishes by hand using the least amount of water possible while still getting the dishes very clean.

 

[quincy]

My eldest is very "green" and will not use a dishwasher. She, very carefully, does all dishes by hand using the least amount of water possible while still getting the dishes very clean.

That can be easier and more economical when you don’t use a lot of dishes. We use a LOT of dishes.

 

[FarmerJ]

Did the dish washer repair service put into writing to you that the float which also is connected to a switch to prevent over flow and shut off the water to the machine once it was full could have only been damaged by the tenant attempting to pull it out - remove it (for what ever reason) they do not just slide out they have a ring that keeps it in place , I had someone who didnt know better and did that to my previous dishwasher which caused it to over flow and seep out the bottom on to the floor area under it ) If the repair guy did write such a report then its just a matter of figuring out how much to charge them and then in the end if they still want to challenge the report they would have to take you to court . ( at home we never run the machine unless its a full load ) so it can be some times 3 to 4 days before it is run , every thing is carefully rinsed off first even though its a pots and pans model )

 

[quincy]

Proving the damage was caused by the tenant and that it was not a preexisting problem with the dishwasher could be a problem for the landlord if the landlord does not have some evidence (e.g., pre rental inspection report, photos) that the dishwasher was in working condition and the floor was not damaged when the property was leased.

While many tenants will not challenge small security deposit deductions, they are more apt to with larger deductions (like $2000).