Can a landlord charge for replacing appliances that weren’t broken?
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Can a landlord charge for replacing appliances that weren’t broken?
My ex-landlord is suing me in smalls claim court for damages above and beyond “normal wear and tear”. On the itemized list, it looks like he’s charging for many brand new appliances – microwave, oven range top and hood vent, garbage disposal, just to name a few. While these things may have had dirt built-up (after about 5 years as tenants), they were certainly still working. Is it legal for him to charge us for replacing appliances that were still functioning?
Asked on July 31, 2012 under Real Estate Law, Arizona
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
I would suggest that you try and look up what is considered "normal wear and tear" under your state law. You will need proof that the appliances were in good working order when you left. Did you do a walk through and was anything noted or signed by the landlord? He has to prove that the damages were such as warranting replacement. It is highly unusual that these many appliances would be replaced after a tenancy unless you destroyed the place. Good luck.
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