Legal Question in Real Estate Law in Wisconsin
Spoiled Food in a Rented Apartment's Refrigerator
If the food spoils in a rented apartment's refrigerator due to mechanical failure, is the landlord liable for any of the costs of the spoiled food? (The refrigerator is owned by the landlord.)
1 Answer from Attorneys
Re: Spoiled Food in Apartment's Refrigerator
If the lease includes the appliances, it is presumed that the appliance furnished to the tenant will work correctly by, in this case, keeping food cold in a refrigerator that the tenant is paying for, by way of the rent. Thus, a couple of cases I looked at specifically say that a landlord has responsibility when the furnished appliance goes awry. As a consequence of the nonworking applicance, it seems reasonable to include the cost of the food as a direct result and expect the landlord to pay. Just my .02 worth.
Sean Scally
Sean Scally, Attorney-at-Law
6053 Bradford Hills Drive