Renting apartments with furniture and household appliances has become a common practice. Often no one thinks about the procedure for distributing costs for property repairs between the tenant and the owner at the stage of concluding a transaction. As a result, if a rented apartment breaks down washing machine, Disputes arise about at whose expense it should be repaired. The procedure for resolving such conflicts is largely determined by the presence or absence of a lease agreement, as well as its content.
Who pays for repairs if no contract was concluded?
Wanting to save on taxes, homeowners often neglect to formalize relations with tenants. Moreover, in the case of provision of furniture and necessary equipment for use in addition to real estate, the list of transferred property is not recorded in writing in any way.
If the agreement between the tenant and the owner of the apartment is concluded only verbally, without signing documents, then the question of who pays for repairs in the event of failure of the transferred property becomes the subject of disputes. On the one hand, the tenant is obliged to keep the things he uses in good condition and, if necessary, repair them at his own expense (Clause 2 of Article 616 of the Civil Code of the Russian Federation).On the other hand, the fact that the washing machine was handed over to him for use was not recorded in any way, because:
- No lease or lease agreement has been concluded;
- The acceptance certificate was not signed by the parties.
If the tenant refuses to carry out washing machine repair at his own expense, it will be quite difficult for the lessor to prove the fact of causing damage to him (see the Appeal ruling of the Ulyanovsk Regional Court dated 09/03/2013 in case No. 33-3165/2013). In such a situation, it is better for the parties to come to an agreement on who should pay for the elimination of a possible breakdown of the washing machine, either at the stage of concluding a transaction or upon the fact of a malfunction. The following options are possible:
- Repairs are carried out at the expense of the tenant;
- The cost of repairs is distributed in shares between the tenant and the owner of the apartment;
- Restoration of the washing machine is paid by the owner of the property.
It is also possible that the tenant pays for the repairs, and then his monthly payment to the landlord is reduced by this amount. Since there is no written evidence of the relationship between the homeowner and her tenant, trying to insist on reimbursement of these expenses by either party is quite difficult. Even if one of the participants in the conflict decides to file a claim in court, the result will most likely be negative, since there is no significant evidence of the transfer of property for use.
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Who pays for repairs if there is a lease agreement?
The legislation regulates the rules for concluding transactions only in writing; no oral agreements have legal force. Therefore, it is advisable, if an apartment with all the property in it is provided for living, to enter into a lease or commercial lease agreement. According to the Civil Code of the Russian Federation, the text of the specified document must contain a clear list of objects transferred for use.
It is also necessary to draw up a transfer deed, signed by both parties, in which the washing machine, which is in good condition, is named separately. In this case, the fact that property is provided for use to the tenant without hidden defects and unspecified defects will be documented.
The agreement clearly defines how and who should pay for the repair of equipment transferred to the tenant. Options for the content of such a clause in a written agreement may be:
- Dividing financial responsibility for repairing equipment depending on whose fault the breakdown occurred;
- Payment for the cost of work to restore the working capacity of the washing machine is made by the lessor;
- The tenant pays for the repairs.
A situation is possible when there is a lease or rental agreement, but the list of rights and obligations of the parties does not stipulate who pays for repairing a broken washing machine. In this case, the provisions of paragraph 2 of Art. 616 of the Civil Code of the Russian Federation and most often the burden of financial costs for repairing household appliances falls on the tenant. But not everything is so simple, since in paragraph 1 of this article the obligation to carry out major repairs of the property located in a rented apartment rests with its owner.
If the lease agreement does not clearly indicate who should repair faulty equipment, or if disputes arise between residents and the landlord, the procedure should be as follows:
- Calling a specialist to diagnose broken equipment;
- Obtaining a written opinion from a specialist about the causes of the malfunction;
- Determination based on the results of the examination of the person who should pay for the repair of the washing machine.
Service center specialists are reluctant to give official conclusions about the causes of the breakdown, but it is in the interests of the tenant renting the apartment to insist on drawing up the necessary document. As a result, if the breakdown occurred due to improper or careless operation, the tenant must bear the cost of repairs.
Is it possible to terminate a rental agreement due to equipment breakdown?
A breakdown of the washing machine makes a tenant’s stay in a rented apartment uncomfortable. If an agreement is not reached between the parties on the procedure for carrying out repairs for such situations, then this circumstance may well become grounds for terminating the lease agreement.
Please note that the lease agreement can be terminated:
- The lessor on the basis of paragraphs. 2 p. 1 art. 619 of the Civil Code of the Russian Federation, if property was damaged due to the tenant’s fault;
- The tenant on the basis of clause 2 of Art. 620 of the Civil Code of the Russian Federation if the equipment transferred to him contained defects not specified in the contract that made its operation impossible.
Failure of household equipment, transferred from the landlord to the tenant, corresponds to the above-mentioned grounds. In this case, the initiative to terminate the contractual relationship may come from any of the parties to the agreement. The issue of bearing the costs of repairs may not be resolved by the time such a demand is made. If, however, it is not possible to reach an agreement between the owner of the apartment and the citizen living in it, then they will have to be resolved in court.
