Renting Your Property: Is it Okay Not to Fix Unimportant or Redundant Appliances?
Every state requires that landlords must do everything they can to keep a rental property habitable, a condition known as “the implied warrantee of habitability.” As explained by Rentprep.com, “This means that there is a minimum level of safety and function that a rental property must meet to be considered habitable. Landlords must do what it takes to keep their rental property habitable at all times.” While the standards may vary from state to state, this basically means that the landlord is required to meet safety codes, provide heat, hot and cold water, a sewage disposal system, an electric system, working locks and the like.
But what about things that are not essential to a tenant’s wellbeing and safety? There are many examples.
Well-meaning owners who rent out a property seasonally or annually, often neglect to list in the lease items that they think are minor details, superfluous, or perks for the renter. These items may include an extra fridge in the garage meant to be used during holidays for expanded family dinners, water softeners, built in grills, sprinkler systems, pool heaters, alarm systems, garbage disposals, icemakers, Jacuzzis, etc. Other items may include extra coffee pots, crock pots, etc. The list is endless.
So, does an owner have the obligation to repair that extra fridge or coffee pot if it was working when the tenants moved in? The answer, according to Harry Heist, partner in the law offices of Heist, Weisse & Wolk is that, “All items which the landlord does not want to be responsible for to replace or repair should be clearly listed in the lease agreement. If these items are not specifically excluded, most judges will rule that the owner must maintain, repair or replace them.” Heist adds that a lease’s “as is” clause usually does not work if the case goes to court.
In conclusion if you don't want to feel obligated to repair or replace redundant or extra items they should be removed prior to leasing your property.