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I guess the title says it all.

I am renting an apartment and the refrigerator broke. All the food that wasn't eaten from the fridge and freezer was lost. Is the landlord responsible for the lost food or are the tenants?



The landlord was notified at 4pm on the 6th

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Its not just common sense, it is the tenants DUTY to mitigate the loss.

If you see your food thawing, you dont sit around... (more)

SUCKISSTAPLES (May. 10, 2009 @ 9:59p) |

If I was the landlord, I'd apologise and offer to reimburse for cooler and ice from Wal-Mart until a replacement fridge ... (more)

MaxRC (May. 11, 2009 @ 9:46a) |

It's not only the reasonable thing to do, but it's business smart. Tenants receiving any kind of compensation before th... (more)

jgombos (May. 11, 2009 @ 11:53a) |

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You conveniently left out when the landlord was notified.

Are they supposed to have ESP and come running when they sense the fridge breaks down?

Skulles said: I guess the title says it all.

I am renting an apartment and the refrigerator broke. All the food that wasn't eaten from the fridge and freezer was lost. Is the landlord responsible for the lost food or are the tenants?


Was there any negligence on the landlord's part? e.g., did you inform him/her/them the fridge was on the fritz and they failed to fix it? You may have grounds for damages if so.

If not, have renters insurance? They may cover food spoilage (after your deductible).

If neither, e.g., you went out of town and came back to a broken fridge, you may be out of luck.

From tenant.net -
Since you rent the apartment you also "rent" the refrigerator as part of the apartment rental, which would make them responsible. But if the food was already spoiled by the time you notified them, and they took action to replace the refrigerator as soon as you did notify them, then I don't think he would be responsible, unless you previously notified them that the refrigerator wasn't working right, which would have been a maintenance issue and their responsibility. A tenants "personal property" is not usually insured by the landlord, in this case it would be your food.

DISCLAIMER: I'm not an attorney.

at some point, other peoples cheapness starts to bother me.

nucor said: at some point, other peoples cheapness starts to bother me.

I was going to post a thoughtful reply but you said it better than I.

You are unless it states otherwise in your rental agreement.

How much food are we talking about?

I see no reason why a landlord should be responsible for tenants' spoiled food unless the landlord leaves a known bad unit in the apartment.

Refrigerators break down, regardless of who owns them. If it was your refrigerator and your house, you'd have to pay for the spoiled food.

That's sort of like saying the rental car company is responsible for the job you lost because their car broke down and you couldn't get to the interview on time.

Even if the landlord reacted immediately when you notified him, the food may spoil before a repair person could get there.

When my frig has broken down in the past, I've taken some food to neighbors' houses for them to refrigerate for me temporarily and I've put some food in a cooler with bags of ice. Did you take any similar action to ameliorate the loss?

I had the exact same issue. The refrigirator malfunctioned, my tenant called, I had it examined within 24hrs (long story but no need for replacement) They asked for $200 credit for the food that was lost. I simply told them no since I did my duty by replying and having the issue resolved within timely manner.

One example I gave to my tenant was, if you buy a refrig unit from bestbuy (with 1 year warranty) and it malfunctions, would they pay for your food inside the refrig?

EDIT: Although I think the OP is a cheapskate, I am greening this one as I find this useful for many others.

Renter's insurance.

nucor said: at some point, other peoples stupidness starts to bother me.

Fixed it fer ya.

And I don't think someone is stupid for exploring the question. But if ya think you are guilty, then you might be guilty with a good chance.

tolamapS said: nucor said: at some point, other peoples stupidness starts to bother me.

Fixed it fer ya.

And I don't think someone is stupid for exploring the question. But if ya think you are guilty, then you might be guilty with a good chance.


ummm...no..its his cheapness that bothers me.

Is "stupidness" anything like "stupidity?"

If a thunderstorm knocks out the power in my area for a couple days and my food spoils, should I send the bill to God, the power company, the guy who's tree got struck by lightning and fell onto the power lines, my landlord, my insurance company, or the local weatherman?

Or can I just sent each of them a bill and collect 6 times my loss?

i bought a samsung fridge at bestbuy and it has the 5 year pnp plan which covers up to $250 in lost food per malfunction.

check your warranty provider for the fridge and see if its covered under that policy.

you'll need your receipts for that $250 worth of food

Many years ago, I went over to my GFs apartment and the fridge is not cold. It is approximatley 5:00. I call the apartment complex and let them know the fridge is broken. Some dude comes right away and says yes it is broken, but it is too late in the day to buy a new one. He promises to get a new one in the morning and to put the food we put in coolers back in the new fridge. The next day my wife's roommate comes home at lunch and there is no new fridge just the busted one. We come back at 5:00 and there is a nasty dirty fridge they pulled out of a vacant apartment and they didn't put the food from the coolers back. My wife calls up says she lost $100 worth of food. She tells them they have to pay because if they had another refridgerator they should have brought it the day before or early in the morning the next day. They agree to let her take the money off of her rent.
Keys to success:
1) Explain to landlord how their reponse was inadequate
2) Offer a clear estimate of your damages

Mithrin said: If a thunderstorm knocks out the power in my area for a couple days and my food spoils, should I send the bill to God, the power company, the guy who's tree got struck by lightning and fell onto the power lines, my landlord, my insurance company, or the local weatherman?

Or can I just sent each of them a bill and collect 6 times my loss?

So a thunderstorm doesn't qualify, but there is a procedure for food loss if it is due to a failure on the part of the power company. Here is one example of how you send them a claim: http://www.coned.com/customercentral/lawclaims.asp

Mithrin said: If a thunderstorm knocks out the power in my area for a couple days and my food spoils, should I send the bill to God, the power company, the guy who's tree got struck by lightning and fell onto the power lines, my landlord, my insurance company, or the local weatherman?

Or can I just sent each of them a bill and collect 6 times my loss?
Don't forget to include damages for your pain and suffering.

America has turned into the land of entitlement.

please total up your damages, for the purposes of enhancing this thread

we expect some detail about the leftover ketchup and mustard

and what is that half-empty ketchup worth if it expires in 2 weeks?

was it Hunt's or Heinz?

did you get it on sale?

You should also check your lease. We provide a few appliances with our rental house, but the ones that would be easily removed (fridge, washer, dryer) are specifically spelled out as not included as part of the rental, just offered as a courtesy to renters. If they break down, we take no responsibility for repairing them at all, and certainly not for any incidental damage like spoiled food. If the renters don't like that arrangement, we'll have the appliances removed at our expense. One prospect did remark that they had a fridge that they liked better and probably would want us to take out ours. If the ones we loan break down and the tenant wants a replacement, that would be their responsibility, though removing the old one would be ours.

Hey where are all the pro-deadbeat-tenant guys , have they been evicted from FWF??

Im waiting for them to advise OP to immediately call the Health Dept on their landlord.

germanpope said: please total up your damages, for the purposes of enhancing this thread

we expect some detail about the leftover ketchup and mustard

and what is that half-empty ketchup worth if it expires in 2 weeks?

was it Hunt's or Heinz?

did you get it on sale?


I sure hope ur gf ain't the CouponQueen..

nucor said: at some point, other peoples cheapness starts to bother me.

It's not hard to get $500 worth of food into a refrigerator. But I would be annoyed with a tenant that thought it my responsibility. Even if I'm notified the instant that the frig breaks it's going to take at least 24 hours to get a guy over there to fix it. OP, they sell these blue ice freezer pack things for picnic coolers. After losing a couple of hundred dollars of food once I bought half a dozen and put them in the freezer. If it breaks down again those things will keep the food good for long enough to get a repair guy over there. Now if the tenant had those things and notified immediately, I'd reconsider my attitude toward responsibility for the food damage.

The landlord was notified at 4pm yesterday.

Also I assumed I was responsible but other people are telling me to make a list of what I am throwing away. So I figured I would go to the wise sage like fatwallet community and get there opinion.

SUCKISSTAPLES said: Hey where are all the pro-deadbeat-tenant guys , have they been evicted from FWF??
Im waiting for them to advise OP to immediately call the Health Dept on their landlord.


That was my next advice, but you pre-empted me.

Maybe he should call PETF (people for ethical treatment of food).

Do you not own an ice chest?

Do you not know your neighbors well enough to ask them to borrow some fridge/freezer space for a few hours?

Did you probably need to cleanout your fridge anyway?

croushore said: America has turned into the land of entitlement.

That is exactly what I am thinking. I have heard over and over this mantra, "...It is not my fault...it is their fault...someone else must pay or else...".

I have lost power for over 24 hours before several times without any spoilage. All I did was not to open the frig and go to canned food for a day or two. Fortunately I have a gas stove and so I do need a box of matches.

If you do not open a fridge and freezer at all the stuff in the fridge will be good for a day and the freezer for a few days.
So you should have dealt with the issue in teh first 24 hours. When I rented I had my fridge go down I did the following.Kept fridge closed and freezer closed. That night I brought home regular and dry ice. ( you can buy both at grocery store) I put the fridge contents into my big cooler and put full of ice. I them put dry ice in my freezer and leaving a straw stuck in to vent CO2 I then closed the freezer. I did this for three days waiting on the new unit. Nothing got spoiled. Every day I drained the water from my cooler and added ice to cooler and dry ice to freezer. Whole effort cost me very little (under $20) Amazingly when rent renewal came around a few months later when I asked for a rent decrease due to being a superior tenant (paid on time no hassle) they decreased my rent $100 a month. I know that some of the tenants that were hassles on management also asked for the same rent decreases and did not get them.

For the future, you know they have these things called COOLERS.

Skulles said: I guess the title says it all.

I am renting an apartment and the refrigerator broke. All the food that wasn't eaten from the fridge and freezer was lost. Is the landlord responsible for the lost food or are the tenants?



The landlord was notified at 4pm on the 6th


When did it break? Food won't spoil in 3 hours.

Link lindylady and other explained, a fridge is a darn good cooler when it is not working.

if the fridge broke, why didn't you move the food to something else cold, or buy ice and stick that in the fridge?

I would take the food back to the grocery store and tell them it's defective.

gtalum said: For the future, you know they have these things called COOLERS. Or even better, fire up the grill and throw a party! "Come eat my food!"


4pm to 7 pm ... 3 hours?
Disclaimer
You alerted the landlord at 4pm, and all the food had gone bad by 7pm on the same day? Smells "fishy" (pun intended) to me

rigor said: you'll need your receipts for that $250 worth of food
Who keeps all of their food receipts?


this guy
Disclaimer
Skulles said: Renting an apartment and the fridge broke. Who is responsible for lost food?
This guy-

biomedeng said: Many years ago, I went over to my GFs apartment and the fridge is not cold. It is approximatley 5:00. I call the apartment complex and let them know the fridge is broken. Some dude comes right away and says yes it is broken, but it is too late in the day to buy a new one. He promises to get a new one in the morning and to put the food we put in coolers back in the new fridge. The next day my wife's roommate comes home at lunch and there is no new fridge just the busted one. We come back at 5:00 and there is a nasty dirty fridge they pulled out of a vacant apartment and they didn't put the food from the coolers back. My wife calls up says she lost $100 worth of food. She tells them they have to pay because if they had another refridgerator they should have brought it the day before or early in the morning the next day. They agree to let her take the money off of her rent.
Keys to success:
1) Explain to landlord how their reponse was inadequate
2) Offer a clear estimate of your damages


Did you get married mid-way through that story or are you just that good?

Skipping 47 Messages...
MaxRC said: If I was the landlord, I'd apologise and offer to reimburse for cooler and ice from Wal-Mart until a replacement fridge can be installed. This would seem like a fairly manageable way to keep tenants happy.
It's not only the reasonable thing to do, but it's business smart. Tenants receiving any kind of compensation before they ask for it are unlikely to aggressively press for $250+ in food reimbursement.



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