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Shawna M | I rent a house on a month to month basis, without a lease. Am I responsible for maintaining and repairing? |
The 10-year-old washer stopped working on Monday. I called the landlady about the matter and she told me I am responsible for getting it fixed. I was a little stunned since the washer isn't mine, I just recently moved in, most of the 10-year wear on the unit was from someone else. I guess if I want to use the thing, I will have to pay to get it fixed, but what happens if there is a leak in the roof? What if the central air breaks down? Am I responsible for repairing these, too? I live in the state of Virginia, and I don't know the laws between landowner and tenant, I have always had a lease clearly defining my responsibilities. Additional Details My landlady is a really nice old woman. For the washer, I am not going to force the issue. My boyfriend is a mechanical engineer, and has agreed to look at it for me, maybe fix it on the cheap. But I am concerned that this will be a problem as time passes. I take care of the yard and the house as we verbally agreed, but this was unanticipated. I guess I shouldn't worry about the big things unless there is an actual problem. |
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HelpMeEscrowStuff
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Here's your answer..
#1) The LANDLORD is *always* responsible for repairs on his/her property unless *you* do the damage.
#2) #1 applies whether or not you have a signed lease. The property doesn't belong to you.
#3) With the above said, the land lord is only required to keep what is essential for proper living conditions upkept and repaired. This means if the roof leaks, she fixes it. If the window is broken (not by you), she has to fix it, etc... BUT a washer and dryer are NOT necessities and as a result, she may only be providing those as "extras." Without a lease stating specifically that she is providing a washer and dryer as part of your agreement to live there, then she is not responsible to upkeep them and keep them operational. After all, you COULD take your stuff to a landromat.
Similar situation on Central Air and heating... in Virginia, Heat is absolutely required in order to rent out a home, so the home must have operational heat and your landlord is responsible. However, Air Conditioning may not be required for life there. But, in Phoenix Arizona, where it gets crazy hot, AC may be required.
I hope that helps. |
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Tim
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If it is not specifically stated in a rental agreement, the landlord would be responsible for the home and the appliances provided with the rental.
That being said, you will now have to try to force your landlord to repair the washer. You might have to end up leaving, they do not sound reasonable. |
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Your Friendly Jewish Accountant
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She's crazy! Why would you repair something that isn't yours! Tell her you'll be deducting it from the rent and if she has a problem with that she can talk to the Dept of Housing! Then again, maybe she doesn't need to be dealt w/ that harshly. Good luck! |
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Baby #1 on 12/10/08
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The washer is not a fixture of the house so I doubt there is a law requiring the landlord to keep it up and running. Without a lease stating who's responsible for the washer or even that the washer is an amenity of the rental you're probably out of luck. As for your concerns about future problems like the AC or roof, those things are held in the responsibility of the landlord. |
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53classic
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The actual homeOWNER is responsible for maintenance and repairs to the property. A washer that was working when you moved is is still the property of the homeowner and is their responsibility to repair (you signed the lease with expectation of using the washer in good working condition).
Obviously, you cannot take the washer with you when you leave because it is not yours... neither is the cost of repairs... UNLESS you abused the machine.
Your damage deposit covers damages... not reasonable wear and tear. |
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Worldly25
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That is why you get a lease
Normal parts of the house owner is responsible for. |
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ann h
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you should get a lease to protect yourself! |
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gafpromise
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You should get it in writing, who is responsible for repairs. Without a lease, it could be argued she has no obligation to provide you with a washer at all. It is a perk, not something required for a habitable place. Now if serious damage does occur to the basic appliances, or to the structure of the building, I would think that would the landlord's responsibility, and she should carry homeowner's insurance that would cover such things. |
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schwildcat1977
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This is why you should ALWAYS have a lease in writing, even just a month to month.
General maintenance should always be the owner's responsibility. I would ask her to sign something clearly stating who is responsible for what, for your protection in the future. Even just a simple statement is legal if both of you sign it. |
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atcwag
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Yes....definitely don't rent without a lease! I really don't know how the laws work, however I don't think you would be responsible to fix it, however the landlord isn't responsible to fix it either. Thus, I guess if you want to use it, then you need to fix it. As for the roof, ect. I would think it would go the same way. If something like that were to happen, you could just move out. It's not like you have a lease keeping you there....but I would definitely DEMAND that your landlord have a lease, otherwise I would definitely find somewhere else to live. |
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