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My landlord claims that she does not have to replace my

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Hi

Lawyer's Assistant: Hello. How can I help?

My landlord claims that she does not have to replace my refridgerator. It was a very old one and not working well. So I replaced it. She claims that she does not have that responsibility but it was there when I moved in.

Lawyer's Assistant: Because laws vary from place to place, can you tell me what state the property is in?

St Paul MN

Lawyer's Assistant: What are the terms of the lease? Any issues related to maintenance or upkeep?

There is no lease.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

It is a four-plex and it has been there for 70 years in her family. after her dad died she took over and literally does nothing for the upkeep.

Submitted: 8 months ago.Category: Landlord-Tenant
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Answered in 5 minutes by:
11/7/2017
Lawyer: legalgems, attorney replied 8 months ago
legalgems
legalgems, attorney
Category: Landlord-Tenant
Satisfied Customers: 13,647
Experience: Just Answer consultant at Self employed
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Did the tenant seek permission before purchasing the appliance?
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Customer reply replied 8 months ago
No
Lawyer: legalgems, attorney replied 8 months ago

A landlord has a duty to maintain the premises in the manner in which it was offered at the beginning of the lease; this includes appliances as well. However, a tenant may not unilaterally buy a replacement and ask for reimbursement. Rather the tenant must comply with the following statute:

https://www.revisor.mn.gov/statutes/?id=504B.395

https://www.revisor.mn.gov/statutes/?id=504B.425

https://www.revisor.mn.gov/statutes/?id=504B.385

Every lease has an implied warranty of habilitability, and an implied warranty of quiet use and enjoyment.

Under the "implied warranty of habitability," the landlord is legally responsible for repairing conditions that seriously affect the rental unit's habitability; the landlord must repair substantial defects in the unit and ensure compliance with state and local building and health codes. The idea is that it is a safe living environment. However, the landlord is not responsible under the implied warranty of habitability for repairing damages that were caused by the tenant or the tenant's family, guests, or pets.
The implied covenant of quiet use and enjoyment means that the tenant is entitled to the peaceful use of the premises.

These are implied in every lease and cannot be waived.
Violation of these covenants/warranties constitute "constructive eviction"

However, the landlord must first be given written notice of the issue; if they fail to remedy it within a specific time the tenant may file suit, requesting permission to deposit rent with the court administrator until the repairs are made. The court can also order the landlord, or authorize the tenant, to make repairs.
Additionally they may order rate abatement for past paid rent while the defect existed.

The tenant may also sue for reimbursement but that will be in the court's direction, so any proof that the appliance was nonfunctioning would help with that claim.

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Lawyer: legalgems, attorney replied 8 months ago

Hello again; just checking in to see how things worked out;

If you have no further questions a positive rating is most appreciated (at no additional cost to you) and allows the site to credit my account for the time spent assisting you!

if you have further questions please don't hesitate to reach out to me here on Just Answerand I will do my best to get you the requested information.
Thanks!

The above information is for educational purposes only. A consultation with a private attorney is recommended so they can apply the law to your specific facts, and suggest the best course of action. An attorney can be located here:
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