Legal Question in Landlord & Tenant Law in California

Dishwasher Replacement in Apartment

The dishwasher in my apartment stopped working. The landlord replaced the dishwasher and said that I was responsible for the new dishwasher and labor. The next month after paying my rent in full, the landlord sent me a letter stating that $500 of my rent payment was applied to the replacement of the dishwasher. Every month since then, I've been paying the regular amount of my rent in full and subsequently receiving letters from my landlord stating that my rent payment was $500 short. This month, he started proceedings to have me evicted. Is it legal for him to take out money from my rent payment to go towards replacing a dishwasher that, by the way, malfunctioned through no fault of mine?


Asked on 12/17/07, 7:27 pm

2 Answers from Attorneys
Robert F. Cohen Law Office of Robert F. Cohen

Re: Dishwasher Replacement in Apartment

Take a look at your rental agreement. If it does not specify that you're to make repairs to appliances, I would argue that the landlord has the obligation to maintain them. You entered into the agreement with the assumption that the refrigerator, stove, water faucets, and dishwasher would work. Unless you caused the dishwasher to stop working (which you say you didn't do), the landlord should bear that expense. If he's served you with a three-day notice to pay or quit, get yourself a good tenants' lawyer in your community to straighten this out. One would hope your rental agreement has an attorney's fees clause, so you could recover what you pay your attorney. Good luck!

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Answered on 12/17/07, 8:47 pm
Robert L. Bennett Law offices of Robert L. Bennett

Re: Dishwasher Replacement in Apartment

Mr. Cohen has given you a superb answer. Follow his advice,

Don't pay this miserly skinflint, He is responsible for ordinary wear and tear.

Hold your ground, get a decent lawyer, and go after the land;ord.

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Answered on 12/17/07, 9:33 pm


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