Landlord-Tenant

Ask a landlord-tenant lawyer and get answers ASAP

Ask a Lawyer,
Get an Answer ASAP!

Landlord-Tenant

My landlord claims that she does not have to replace my

Customer Question
Hi Lawyer's Assistant: Hello...

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: 3 months ago.Category: Landlord-Tenant
Show More
Show Less
Ask Your Own Landlord-Tenant Question
Answered in 5 minutes by:
11/7/2017
Lawyer: legalgems, attorney replied 3 months ago
legalgems
legalgems, attorney
Category: Landlord-Tenant
Satisfied Customers: 11,869
Experience: Just Answer consultant at Self employed
Verified
Did the tenant seek permission before purchasing the appliance?
Ask Your Own Landlord-Tenant Question
Customer reply replied 3 months ago
No
Lawyer: legalgems, attorney replied 3 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.

Further questions? Please post here to continue the chat.

Satisfied? Kindly rate positively so I receive credit for assisting you. I hope that you feel I have earned

5 stars 🌟🌟🌟🌟🌟*****

as I strive to provide my customers with great service. ☺️

(no additional charges are incurred).

Information provided is for educational purposes only. Consultation with a personal attorney is always recommended so your particular facts may be considered. The terms addressing this can be viewed here:

http://ww2.justanswer.com/terms-service-0#information

Thank you and take care.

Ask Your Own Landlord-Tenant Question
Lawyer: legalgems, attorney replied 3 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:
http://www.americanbar.org/groups/public_education/public-information/how-do-i-find-a-lawyer-.html
Terms of service can be viewed here:
http://ww2.justanswer.com/terms-service-0#information

Ask Your Own Landlord-Tenant Question
Ask legalgems Your Own Question
legalgems
legalgems
legalgems, attorney
Category: Landlord-Tenant
Satisfied Customers: 11,869
11,869 Satisfied Customers
Experience: Just Answer consultant at Self employed

legalgems is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help.

Mary C.Freshfield, Liverpool, UK

< Previous | Next >

Meet the Experts:

Thomas McJD

Thomas McJD

Lawyer

46 satisfied customers

Landlord-Tenant Law Expert

LegalWiseNC

LegalWiseNC

Attorney

0 satisfied customers

Licensed Attorney in North Carolina.

barristerinky

barristerinky

Attorney

3,949 satisfied customers

Attorney over 17 years, landlord 26 years

Infolawyer

Infolawyer

Attorney

2,112 satisfied customers

Experience representing landlords and tenants.

Dimitry K., Esq.

Dimitry K., Esq.

Attorney

1,379 satisfied customers

Licensed in multiple jurisdictions. Experienced Landlord-Tenant attorney.

Ely

Ely

Counselor at Law

1,278 satisfied customers

Attorney

LawTalk

LawTalk

Attorney

1,055 satisfied customers

I have handled Real Estate and Landlord Tenant matters for more than two decades.

< Previous | Next >

Related Landlord-Tenant Questions
What can we do with just 48 hours left in our extended lease
what can we do with just 48 hours left in our extended lease to get the landlord to help us with some support living expenses… read more
P. Simmons
P. Simmons
Attorney
Doctoral Degree
35,564 satisfied customers
I have a lease in California that expires in a month. I want
I have a lease in California that expires in a month. I want to move out but my roommate won't also sign the 30-day notice form. I tried to give my notice to the management but they said that they can… read more
QuickEasyLegalHelp
QuickEasyLegalHelp
146 satisfied customers
I need information regarding have her move out after being
I need information regarding have her move out after being in the house for only two months because she was late with the rent both months,. … read more
barristerinky
barristerinky
Attorney
Doctoral Degree
3,949 satisfied customers
I live in a townhouse association and the home owners have
I live in a townhouse association and the home owners have concerns about our directors. We need help to address the problems from somebody who has the power to do something. Can you suggest a Cook co… read more
QuickEasyLegalHelp
QuickEasyLegalHelp
146 satisfied customers
I have a daughter that is severely disabled and was
I have a daughter that is severely disabled and was financially abused by a care provider to the tune of $20,000. While the care provider is under investigation she talked my daughter into moving a fr… read more
Phillips Esq.
Phillips Esq.
MBA
18,626 satisfied customers
My husband and I rented a house in Marana. The lease is from
My husband and I rented a house in Marana. The lease is from 11/1/15 through 10/31/18. We didn't expect to leave there; in fact we considered buying the house at the end of the lease, as the landlord … read more
Nisha Jones, Esq.
Nisha Jones, Esq.
Juris Doctorate
2,119 satisfied customers
We are being harassed by the tenants beneath us. Every time
I need help. We are being harassed by the tenants beneath us. Every time we walk around in our apartment they file a noise complaint. The police have been here 3 times and heard nothing. We have 4 mon… read more
legalgems
legalgems
attorney
11,869 satisfied customers
I have a guy I have known for 3 weeks He is asking for 2000
I have a guy I have known for 3 weeks He is asking for 2000 for rent He said he will pay me back Is this real… read more
Ray
Ray
Lawyer
Doctoral Degree
31,321 satisfied customers
I've been in my house since June 2017. I've paid my rent
I've been in my house since June 2017 . I've paid my rent perfectly on time. There is a clause in the lease that the landlord can cancel in 60 days (standard clause , I presume). I also have an addend… read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
8,231 satisfied customers
Can a landlord ask for 3 months rent, if lease was broken, 1
can a landlord ask for 3 months rent, if lease was broken, 1 months notice given, month paid and apt was totally cleaned, rugs shampooed, stove and grates clean, etc. There is no clause in my original… read more
LegalKnowledge
LegalKnowledge
Juris Doctor
28,548 satisfied customers
I own a hair salon in California after my lease was up i
Hi my name is ***** ***** own a hair salon in California after my lease was up i moved turned in my keys left the place very clean i have pictures … read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
I am a landlord and have a tenant the year lease is expired
Hi there I am a landlord and have a tenant the year lease is expired now as of Saturday and I have gave them thirty days notice before now and he said he's going to stay for another month? What's my n… read more
LegalKnowledge
LegalKnowledge
Juris Doctor
28,548 satisfied customers
What kind of eviction procedures should one use to evict an
What kind of eviction procedures should one use to evict an adult grandchild who refuses to leave? … read more
QuickEasyLegalHelp
QuickEasyLegalHelp
146 satisfied customers
A friend of mine, who own a coop apartment,and for a past 3
a friend of mine, who own a coop apartment,and for a past 3 years she has been sick and home bound.having a problem with management office. They trying to take a parking spot from her, because after 2… read more
Phillips Esq.
Phillips Esq.
MBA
18,626 satisfied customers
I've been served with eviction notice by the land lord, Who
I've been served with eviction notice by the land lord, Who happens to be my boss. Can i take this case to trial? He's being refuse to pay me for my labor and the amount of money an he's claim not ref… read more
LegalKnowledge
LegalKnowledge
Juris Doctor
28,548 satisfied customers
My roommate is hostile and intimidating. I have asked (told)
My roommate is hostile and intimidating. I have asked (told) him to find another place after we had an altercation. He appears not to be doing anything about it. … read more
LegalKnowledge
LegalKnowledge
Juris Doctor
28,548 satisfied customers
How much I pay lawyer for lease breaking apartment because
How much I pay lawyer for lease breaking apartment because department of Defense DFAS Columbus Ohio transfer me to other departments of Defense DFAS to work in Cleveland Ohio … read more
barristerinky
barristerinky
Attorney
Doctoral Degree
3,949 satisfied customers
My landlord let me move in to the house without a lease
My landlord let me move in to the house without a lease signed or utilities at all. He is now trying to make me sign a backdated lease, 6 months later, for the amount of rental unpaid. Is this lawful?… read more
QuickEasyLegalHelp
QuickEasyLegalHelp
146 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x