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.)


Asked on 3/11/99, 9:35 am

1 Answer from Attorneys

Sean Scally Sean Scally, Attorney-at-Law

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


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Answered on 3/24/99, 11:55 pm


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