Fridge's gone - food's spoiled - who pays?
- Thread starter Lotana
- Start date
Hey Lotana!!
A few years back, while we were on holidays the freezer at my parents place died. All of the food was lost.
However, replacement of the freezer and food were coverred under our insurance. But I reckon the excess will be more than $30, so an insurance claim just isn't worth it.
I think the same applies to the food as does to the tennants posessions. Your not responsible for either. Maybe the tennant "fiddled"with the fridge.
Since you are supplying the fridge you are responsible for that and need to ensure that it is in good working order and if it's in need of a repair get it fixed.
Others?
A few years back, while we were on holidays the freezer at my parents place died. All of the food was lost.
However, replacement of the freezer and food were coverred under our insurance. But I reckon the excess will be more than $30, so an insurance claim just isn't worth it.
I think the same applies to the food as does to the tennants posessions. Your not responsible for either. Maybe the tennant "fiddled"with the fridge.
Since you are supplying the fridge you are responsible for that and need to ensure that it is in good working order and if it's in need of a repair get it fixed.
Others?
Lontana, I think you are right, you dont need to pay the $30 for the food.
But the tenant is in your apartment which worth a couple of $100,000 right and reasonable % of that is in the fixtures and fittings. My advise is that the tenant will extract 10x or 100x more than $30 from you one way or another if you dont pay up.
Pay the $30 and send them a delivery pizza! If you dont your tenant will feel cheated (even if he/she wasnt cheated) and one day you will pay more some how some way. Pay the $30 and a delivery Pizza and they will be happy, maybe stay longer and probably will look after the place a bit better.
But the tenant is in your apartment which worth a couple of $100,000 right and reasonable % of that is in the fixtures and fittings. My advise is that the tenant will extract 10x or 100x more than $30 from you one way or another if you dont pay up.
Pay the $30 and send them a delivery pizza! If you dont your tenant will feel cheated (even if he/she wasnt cheated) and one day you will pay more some how some way. Pay the $30 and a delivery Pizza and they will be happy, maybe stay longer and probably will look after the place a bit better.
Hi always_learning,
Well, $30 is not really a great deal of money, but if I pay wouldn't they consider it as a sign of weakness? Wouldn't it start an endless stream of small claims? I promptly attend to all their complaints with repairs, they paid a 6-weeks bond which I sent to consumer affairs, I've got landlord's insurance - I think I am well protected from possible malicious actions. The rent is paid 2 weeks in advance.
Cheers,
Lotana
Well, $30 is not really a great deal of money, but if I pay wouldn't they consider it as a sign of weakness? Wouldn't it start an endless stream of small claims? I promptly attend to all their complaints with repairs, they paid a 6-weeks bond which I sent to consumer affairs, I've got landlord's insurance - I think I am well protected from possible malicious actions. The rent is paid 2 weeks in advance.
Cheers,
Lotana
Maybe the fridge needs fixing or the seals need replacing? If so,why not buy a new second hand fridge, pay him the $30 and bump the rent up a few dollars a week.
If the fridge is in good order then it is not your responsibility if he can't figure how to turn the little temperature change knob.
Nat
If the fridge is in good order then it is not your responsibility if he can't figure how to turn the little temperature change knob.
Nat
It is a reconditioned frost-free fridge which I bought a few months ago with 6 months warranty. The seal looks ok, but the supplier told me never put the temperature control in the freezer section to the coolest setting. He said it may cause motor overheat and the o/h protection switches the fridge off. Perhaps that's what happened - who knows. I asked the tenat to switch the fridge off, put the temp control to the middle position and switch it back on putting an ice tray full of water in the freezer. In the morning he checked the water - it was frozen. But he still claims the temperature inside is not cold enough, I am responsible for his lost groceries, and he will deduct this $30 from the next rent payment. He's just this kind of person.
Cheers,
Lotana
Cheers,
Lotana
OK, if you believe that your tenant is "playing you" with you, ie their was no food spoliage and they are just bullsh.tting for $30, then yes a firm no to the $30, and an offer that if they wish you they can terminate the lease and leave without penality.
But if the tenant really did loose $30 of food and they think it's your fault then you have a choice, make them happy or make them unhappy. I choose making the tenant happy.
Lotana,
I would not argue with the tenant (does not worth the time), just would pay them,
BUT
would tell them that if they have an issue with the fridge (it was a once in a lifetome opportunity for them), you are willing to remove it from the premises free of charge to them and then it will be THEIR responsibility to get a fridge (hire or buy).
Otherwise for me the leasson is, that if I supply any appliances
to the tenant, I will ask them to sign that the landlord can no tbe held responsible for any incidential damage by the use of the appliance. If they disagree, I'd remove the appliance.
I guess everyone remembers when you install a new software program and it tells you (after you paid for it) that if you disagree with the 100 pages conditions (what no one ever reads) then the installation will abort or something like that. Same here.
Otherwise this incident will give them an idea, how to reduce the rent effectively (and adding some guilt feeling for you to it).
Just my view, but thank for the experience, as I learned something else. Of course my RE agent will know about it first thing on Monday morning, so we can prevent this incident happening. She already has a Special Terms attached to the lease what the tenant has to initial if wishes to take out the lease.
I was thinking of a wording something like this
"When appliances supplied as part of the lease, the Tenant will not held the Landlord responsible for any accidential or other loss
resulting from the use of the appliance. The Landlord will ensure that the appliance will be in working order and when it fails, the Tenant must report this failure within 24 hours (or reasonable time) and stop using the appliance immediately."
Cheers
Tibor
I would not argue with the tenant (does not worth the time), just would pay them,
BUT
would tell them that if they have an issue with the fridge (it was a once in a lifetome opportunity for them), you are willing to remove it from the premises free of charge to them and then it will be THEIR responsibility to get a fridge (hire or buy).
Otherwise for me the leasson is, that if I supply any appliances
to the tenant, I will ask them to sign that the landlord can no tbe held responsible for any incidential damage by the use of the appliance. If they disagree, I'd remove the appliance.
I guess everyone remembers when you install a new software program and it tells you (after you paid for it) that if you disagree with the 100 pages conditions (what no one ever reads) then the installation will abort or something like that. Same here.
Otherwise this incident will give them an idea, how to reduce the rent effectively (and adding some guilt feeling for you to it).
Just my view, but thank for the experience, as I learned something else. Of course my RE agent will know about it first thing on Monday morning, so we can prevent this incident happening. She already has a Special Terms attached to the lease what the tenant has to initial if wishes to take out the lease.
I was thinking of a wording something like this
"When appliances supplied as part of the lease, the Tenant will not held the Landlord responsible for any accidential or other loss
resulting from the use of the appliance. The Landlord will ensure that the appliance will be in working order and when it fails, the Tenant must report this failure within 24 hours (or reasonable time) and stop using the appliance immediately."
Cheers
Tibor
Last edited:
Hi Lotana
Your problem brings me to tell this story. A friend who had an IP told us this.
A tenant moved in, and no sooner started complaining. (The bond was paid for by the Government.)
"The paint on the ceiling is chipped" etc, etc.
A light bulb was blown, so he rang an electrician to replace it, at a cost of $140 to the owner.
Anyway, he then "tripped" on one of those big square concrete paving blocks that you are supposed to walk on, and sued the owner, claiming a back injury.
He won the case, then eventually did a runner, leaving money owed. Still he wasn't out of pocket with the bond, was he now.
Our friend later found out that he had made a life of doing this. Moving in, whinging, suing. etc.
He eventually died of a heart attack!
Anyway without going in to the whys and wherefors of the above story, the above type of tenant will now always be in the back of my mind too.
Whatever you decide, your tenant needs to be aware that, legally you are not obliged to reimburse his food bill. If there is a fridge problem then he needs to tell you so it can be fixed.
And if you go ahead and reimburse him, the tenant still needs to know that you don't HAVE to, it's just out of the goodness of your heart that you're doing it.
Also remind him that he is not legally allowed to withhold rent either.
Your problem brings me to tell this story. A friend who had an IP told us this.
A tenant moved in, and no sooner started complaining. (The bond was paid for by the Government.)
"The paint on the ceiling is chipped" etc, etc.
A light bulb was blown, so he rang an electrician to replace it, at a cost of $140 to the owner.
Anyway, he then "tripped" on one of those big square concrete paving blocks that you are supposed to walk on, and sued the owner, claiming a back injury.
He won the case, then eventually did a runner, leaving money owed. Still he wasn't out of pocket with the bond, was he now.
Our friend later found out that he had made a life of doing this. Moving in, whinging, suing. etc.
He eventually died of a heart attack!
Anyway without going in to the whys and wherefors of the above story, the above type of tenant will now always be in the back of my mind too.
Whatever you decide, your tenant needs to be aware that, legally you are not obliged to reimburse his food bill. If there is a fridge problem then he needs to tell you so it can be fixed.
And if you go ahead and reimburse him, the tenant still needs to know that you don't HAVE to, it's just out of the goodness of your heart that you're doing it.
Also remind him that he is not legally allowed to withhold rent either.
Hi PHM,
That's exactly what I did! Told them I am not legally obliged to pay the food bill. Told them they have to report any not-working equipment as soon as they discover it is not working. Told them they cannot offset rent payments with any money they think I owe them. Told them I am sorry for them loosing the food and would pay $30 this time.
Your advice is confirming my way of thinking - thank you.
The story you've told is terrifying.
Cheers,
Lotana
That's exactly what I did! Told them I am not legally obliged to pay the food bill. Told them they have to report any not-working equipment as soon as they discover it is not working. Told them they cannot offset rent payments with any money they think I owe them. Told them I am sorry for them loosing the food and would pay $30 this time.
Your advice is confirming my way of thinking - thank you.
The story you've told is terrifying.
Cheers,
Lotana
B
brains
Guest
Its probably too late but you could have made a call to one of those appliance rental places and ask what their policy is re the fridge failing and food spoiling. Im pretty sure i know what their answer will be. And you might be able to "borrow" a clause from their rental agreement relating to same.
Having said that, Id probably pay the $30 but theres no way in the world id be sending a present as well. I look at IPs as a business, and not getting cosy/sucking up to tenants is part of that business.
Having said that, Id probably pay the $30 but theres no way in the world id be sending a present as well. I look at IPs as a business, and not getting cosy/sucking up to tenants is part of that business.
Bit late now, but from a tenant's point of view I don't understand why he/she was complaining.
The tenant has a fridge for nothing (tenants usually rent or buy fridges.)
If I was the tenant in question I would have claimed the food from my contents insurance, or in the case (being only 30 dollars) I would have worn the cost myself.
As a tenant, I wouldn't want to risk getting a landlord narky over $30, I'll only risk it if I think that the property itself is in danger. (ie A blown light bulb? I'll replace that my self with a long life, not only solving the problem but also reducing the wear and tear risk to the owner.) A leaking water heater on the other hand would immediately have me ringing the owner (after switching off the water and minimizing damage to the floor.)
The tenant has a fridge for nothing (tenants usually rent or buy fridges.)
If I was the tenant in question I would have claimed the food from my contents insurance, or in the case (being only 30 dollars) I would have worn the cost myself.
As a tenant, I wouldn't want to risk getting a landlord narky over $30, I'll only risk it if I think that the property itself is in danger. (ie A blown light bulb? I'll replace that my self with a long life, not only solving the problem but also reducing the wear and tear risk to the owner.) A leaking water heater on the other hand would immediately have me ringing the owner (after switching off the water and minimizing damage to the floor.)
This apartment is rented fully furnished - so the fridge is not exactly free. It is also shared, but the other tenant has not claimed anything. And now it is clear that he was at fault by turning the temperature control to "Coolest", which caused ice built up in the freezer compartment, which blocked the duct preventing cold air flowing to the main compartment causing the food spoilage. This other tenant is a nice chap, pays higher rent, is more cooperative and never complains. So I just paid $30 to the one who claimed it.
Cheers,
Lotana
Cheers,
Lotana
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