Legal Question in Landlord & Tenant Law in Massachusetts

repairing refrigerator

My tenant informed me that her refrigerator is broke and I have to have it fixed because the new refrigerator was already in the apartment. The refrigerator is now 5 years old. I think it is her responsibility to have it fixed. What do you Think.


Asked on 12/28/08, 10:10 am

2 Answers from Attorneys

Re: repairing refrigerator

Unless the damage was caused by the Tenant, it is your responsibility. By that I mean the Tenant broke a shelf by overloading it or something like that otherwise, it is your responsibility.

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Answered on 12/28/08, 12:46 pm
Gregory Lee Gregory P. Lee, Attorney at Law

Re: repairing refrigerator

I assume that the unit simply died, rather than being abused for purposes of my answer. Any claim of abuse would be hard to prove in any event.

Your tenant is 100% CORRECT. The appliance was there when the unit was rented. You thus have the obligation to maintain it in good repair, and to replace it when necessary. The State Sanitary Code is quite clear on this. Your failure to adhere to this is an unfair or deceptive act or practice if you own three or more rental units, and thus violates the Consumer Protection Act. Were I consulted by the tenant, I would also suggest that your failure to replace the refrigerator could be considered a violation of other statutory rights, possibly giving the tenant a claim to up to three times the monthly rent.

It is much less expensive to buy an inexpensive new refrigerator than to insit that you are correct.

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Answered on 12/28/08, 2:14 pm


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