My landlord is refusing to repair a washing machine that he provided us with.
I live in Essex County and have 2 other roommates. We were provided with 6 appliances by the landlord: gas oven, 2 refrigerators, dish washer, washer and dryer.
The oven, dishwasher and one refrigerator are in brand new condition. The second refrigerator and the W&D are all old and not in good condition.
Upon moving in the washing machine made a noise when it agitated, implying something was wrong with the motor. I told my landlord but he never came over or made any repairs. As the months have progressed the noise has gotten louder and the washer no longer does a decent job on the clothes. Over a month ago the landlord came by to retrieve something from the shed in the backyard where he keeps some of his personal belongings. I explained to him that the problem has now gotten worse and could he look at it, I would hate to have it break completely when it could be repaired.
He is an electrician and upon inspection said that the washing machine is receiving too much electricity which is wearing out the motor and that the motor probably needed to be replaced, he would find someone to fix it.
After a month had gone by and we had heard nothing we approached him about it again and he told us he was not responsible for fixing it and we had to purchase him a new washing machine.
This does not sit right with me, in our lease it states that if we break something due to neglect we are obligated to fix or replace it. Fine. It also says appliances must be returned in their original condition but normal wear and tear is acceptable. Also fine.
But it also states in the lease that if any appliances that belong to him break (form normal wear and tear or by neglect) the tenant must replace it.
How is it ethical or legal to provide a tenant with a broken washing machine and expect us to purchase him a new one? that is like getting something for free. Everything I have read about ownership and responsibility states that if we requested new appliances they would be our responsibility but if the appliances came with the lease, are named in the lease, and we are not requesting new ones but a repair, he is legally responsible. Furthermore, if the reason the washing machine broke was because there is something wrong with the electrical connection why should we be obligated to purchase him a new washing machine if the same thing will happen again.
Nothing in the lease states a maximum amount delegated to repairs made by the landlord and at the end there is a clause stating that if something in the lease is inaccurate and or illegal that the rest of the lease remains in effect.
In our lease there was nothing that stated his wife could park her car in our driveway so she could have an easier access to the train for her commute to nyc and nothing in the lease says he has access to his shed whenever he wants to, which means he enters our fenced in backyard without consent. We have never complained about these inconveniences to us, we have tried to be good tenants.
Am I legally obligated to replace a washing machine that was broken before we moved in? Do I have the right to insist he fixes this problem free of charge to us, especially since we aren't asking for a new washer just that the motor be repaired? If it is the fault of the connection, isn't he obligated to fix that anyway since it has to do with tenant safety and general house maintenance? If I am obligated to supply my own washer and dryer from this point forward, can I ask that he takes his broken and old appliances now and replace them with my money and then take them with me upon moving out? My whole thing is, it was broken to begin with and I don't believe he is entitled to new appliances on my dime, if I have to replace them I should at least get to keep them. Someone please help! Thanks.
I live in Essex County and have 2 other roommates. We were provided with 6 appliances by the landlord: gas oven, 2 refrigerators, dish washer, washer and dryer.
The oven, dishwasher and one refrigerator are in brand new condition. The second refrigerator and the W&D are all old and not in good condition.
Upon moving in the washing machine made a noise when it agitated, implying something was wrong with the motor. I told my landlord but he never came over or made any repairs. As the months have progressed the noise has gotten louder and the washer no longer does a decent job on the clothes. Over a month ago the landlord came by to retrieve something from the shed in the backyard where he keeps some of his personal belongings. I explained to him that the problem has now gotten worse and could he look at it, I would hate to have it break completely when it could be repaired.
He is an electrician and upon inspection said that the washing machine is receiving too much electricity which is wearing out the motor and that the motor probably needed to be replaced, he would find someone to fix it.
After a month had gone by and we had heard nothing we approached him about it again and he told us he was not responsible for fixing it and we had to purchase him a new washing machine.
This does not sit right with me, in our lease it states that if we break something due to neglect we are obligated to fix or replace it. Fine. It also says appliances must be returned in their original condition but normal wear and tear is acceptable. Also fine.
But it also states in the lease that if any appliances that belong to him break (form normal wear and tear or by neglect) the tenant must replace it.
How is it ethical or legal to provide a tenant with a broken washing machine and expect us to purchase him a new one? that is like getting something for free. Everything I have read about ownership and responsibility states that if we requested new appliances they would be our responsibility but if the appliances came with the lease, are named in the lease, and we are not requesting new ones but a repair, he is legally responsible. Furthermore, if the reason the washing machine broke was because there is something wrong with the electrical connection why should we be obligated to purchase him a new washing machine if the same thing will happen again.
Nothing in the lease states a maximum amount delegated to repairs made by the landlord and at the end there is a clause stating that if something in the lease is inaccurate and or illegal that the rest of the lease remains in effect.
In our lease there was nothing that stated his wife could park her car in our driveway so she could have an easier access to the train for her commute to nyc and nothing in the lease says he has access to his shed whenever he wants to, which means he enters our fenced in backyard without consent. We have never complained about these inconveniences to us, we have tried to be good tenants.
Am I legally obligated to replace a washing machine that was broken before we moved in? Do I have the right to insist he fixes this problem free of charge to us, especially since we aren't asking for a new washer just that the motor be repaired? If it is the fault of the connection, isn't he obligated to fix that anyway since it has to do with tenant safety and general house maintenance? If I am obligated to supply my own washer and dryer from this point forward, can I ask that he takes his broken and old appliances now and replace them with my money and then take them with me upon moving out? My whole thing is, it was broken to begin with and I don't believe he is entitled to new appliances on my dime, if I have to replace them I should at least get to keep them. Someone please help! Thanks.
