Ashley Hooper
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3 years ago
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I am going to be renting a house in San Digeo, the 9 month lease that I am about to sign says that all of the appliances in the house (stove, refrigerator, microwave oven, dishwasher, clothes washe...

r/dryer) are the "personal property" of the landlord and must be kept with the promises at all time and are to be accepted by the tenant in "As-is" condition without any warranty whatsoever. Any and all repairs to such items are the sole responsibility of the tenant at the tenant's expense.

My question: is this legal for the landlord to put this in the lease? Shouldn't a house have working appliances in order to be habitable? If normal wear and tear occurs to the appliances, and since they are old they will most likely break down soon, is it fair that I as the tenant have to pay for all of the repairs or buy new appliances? This seems absurd to me since I am only going to be living there less than a year?

thanks,

Ashley Hooper
ahooper@ucsd.edu
(410) 615-3611
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3 years ago
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In CA there no requirement to provide appliances. You are of course free to purchase your own and not use the landlords, or renogiate the lease, or rent some place else. Applicances are not part of the house, they are usally personal property such as a free standing stove, washer and dryer, microwave. If they are built-in, then you may have a different argument. But the lease is a negoiated instrument, if you don't like the terms, either negoiate new terms or exercise your free market rights and rent someplace else.

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3 years ago
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Whatever you agree to in a valid contract will be upheld in a court of law regardless of whether or not it's "legal" or "ethical" of the landlord to put in there. You signing your name is your acceptance of the contract being presented to you. I hope all goes well.

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3 years ago
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I am not an attorney, but I think the landlords are legally mistaken. You are NOT responsible for repairs on their appliances. But, if they don't want to repair them, they don't have to. You will have to supply your own, which can be quite costly. I certainly would NOT sign a lease as is, that is written like that. If you do, then unfortunately, yes, you could and probably would be held responsible. I certainly don't think you are trying to get something for nothing and there is no reason why you should have to take care of someone else's property like that. Normally rent INCLUDES appliances. If not, rent is usually somewhat lower so you can supply them. The folks that go off half #@!&$% about this probably aren't grown enough to pay their own bills. Good Luck!

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3 years ago
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Where I live in Michigan, when we rent a home we have to buy all appliances unless the land lord is nice enough to supply them. You are very lucky to have them there for you to use. And if they were yours wouldn't you fix them if they got broken? If you don't want to use them then don't and do your laundry else where and eat out! Which would cost more or less? You do the math. I find the older washers and dryers out last the new ones and clean and dry alot better. I hope you figure things out so you can enjoy your new place!

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3 years ago
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As an experienced buyer/owner of rental properties in several states, I can tell you that landlords (or more accurately, their lawyers, who are paid to protect them) will try anything. Just X out the clauses that bother you, sign and submit and see what happens. Personally, I think it's outrageous to expect a tenant to pay for repairs or to outright buy appliances! They are expected to be supplied and maintained at the landlord's expense in every state I own and lease property-and I have no problems with it. I would expect the same as a tenant. California is nuts in so many ways. How can this be standard practice? Absurd. Don't sign it.
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2 years ago
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Do NOT ex-out clauses and then sign the contract. Never ever do this but they will not count it in court since you could have crossed it out after signing it. Negotiate with your landlord & REWRITE the contract before signing it. In my opinion, if its the landlords property then its their financial responsibility. The price for potential maintenance for appliances should either be covered in the rent or in the security deposit just as it is for the apartment itself. Any good landlord knows that you need to save a portion of the rent to put towards maintenance & normal repairs. Security deposits are for repairs caused by abuse or unforeseen circumstances NOT for normal maintenance. If the landlord doesn't want to take care of their appliances then they should not supply them. Otherwise, they should include it in the rent or in the security deposit. Most people are willing to pay more & put up a higher deposit if it means they can have the basic appliances (& maybe even a dishwasher) without the headache of buying, repairing or replacing them. After all the benefits of renting instead of owning is having a landlord who is responsible for the repairs.

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3 years ago
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As a landlady of one home, we left all the appliances for the tenants to use as a bonus. The rental money is to pay for the home's mortgage, not a furnished home. Our agreement was similar, none of the appliances were new but all were in good working order. When something needed repairs, we came to a mutual agreement and took half the amount off of that month's rent. There is no law requiring a rental unit to come with the appliances.

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3 years ago
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In California there is no law on appliances and if they have to be provided. I have seen landlords and local companies sued before though so as a tenant you do have some pull on whats repaired/replaced and the judicial system (depending on your county) usually pulls toward the tenant unless the evidence is inevitable. In my area the only thing not located in a rental is generally a refrigerator and occasionally depending on the year of the house it will be missing a dish washer. There is always a stove/oven/range! Something to seriously consider is looking for a different place with either a really good landlord or an excellent property management company!

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1 year ago
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