|
|
Post by LilyRose on Jul 26, 2014 17:01:17 GMT
Let me first say that I have left lurkdom on the new board by doing a better job of commenting. This is my very first time creating a thread, though. Go easy on me! My friend John rents an apartment in a three-flat in a major city. He's lived there at least five years. He had a rude awakening early one morning this week when one of the kitchen cabinets partially tore away from the wall. It was tilted forward, so everything inside spilled to the floor, although I don't think there was anything too special. However, that cabinet also had a shelf for the microwave, and so that fell to the floor and broke. It just got me to thinking about whether the landlord should pay for the cost of the microwave or is this sort of an "act of God" type of thing, and John needs to go buy himself a new microwave? I thought it might make for an interesting topic of discussion. Myself? I see both sides of the coin on this one. Edited to add: the shelf was an "official" microwave shelf--there when he moved in, and part of the cabinet. Also, I'm not saying there's a certain answer I'm looking for here. I myself am a new-ish landlord and the situation just got me to thinking about what I would do.  |
|
Deleted
Posts: 0
Oct 6, 2024 4:25:41 GMT
|
Post by Deleted on Jul 26, 2014 17:06:09 GMT
Hmmm, that kinda totally sucks, but as a former renter, I would not expect my landlord to replace anything that was broken in a situation like John's.
|
|
|
|
Post by honeyb on Jul 26, 2014 17:08:16 GMT
I'm thinking that it would be covered by Renter's Insurance. Though I'm not sure it would be worth claiming for the cost of a microwave. I'd think that'd be cheaper than the deductible.
|
|
|
|
Post by mikewozowski on Jul 26, 2014 17:09:58 GMT
was the microwave part of the apartment or john's? i think all of the loss is the responsibility of the landlord, but i doubt he will see it that way.
|
|
oldcrow
Pearl Clutcher
Posts: 3,828 
Location: Ontario,Canada
|
Post by oldcrow on Jul 26, 2014 17:10:25 GMT
If the shelf was made specifically to hold the microwave then the cabinet should have been attached to the wall in a way that would allow for the weight. If so then I think the landlord should be responsible.
On the other hand if your friend just decided to a shelf for the microwave then the landlord has nothing to do with it.
|
|
Deleted
Posts: 0
Oct 6, 2024 4:25:41 GMT
|
Post by Deleted on Jul 26, 2014 17:13:09 GMT
I think if your friend put a microwave on a shelf in a kitchen cabinet, he should be prepared to not only replace his own stuff that broke, but he should be prepared to pay to have the cabinet and wall repaired.
|
|
|
|
Post by freecharlie on Jul 26, 2014 17:19:10 GMT
A new microwave is what, around 100 bucks?
If he likes living there and hasn't had any other problems, I'd just by the microwave.
I would think the landlord would offer to replace
|
|
|
|
Post by Sparki on Jul 26, 2014 17:23:06 GMT
As a landlord, I have questions. As mentioned above, was the shelf specifically for the microwave, and did the microwave go with the apartment? (Did it belong to your friend or to the landlord?) Also, was the cabinet showing signs of pulling away, or did it just fall out of the blue? If it was showing signs of instability, as the landlord, I would want that reported immediately so I could fix it before disaster struck. Also, if the micro was placed on a shelf not intended for it, that would be a problem for me, as a landlord, too.
|
|
|
|
Post by Lexica on Jul 26, 2014 17:28:32 GMT
I didn't even know about renter's insurance back when I was very young (18 years old) and in an apartment, so I would have asked the landlord to pay for a replacement like Idid when we had an issue. We had mold growing all over everything in a cupboard and subsequently discovered there was a leak from the apartment above us that was on the wall behind a hall cupboard. This was a hall cupboard that wasn't used very often and I never noticed it until I opened the cupboard to get something and smelled mold. I was very upset that everything in the back of the cabinet had mold growing all over it as well as the wall itself. I brought the managers in to show them and ask them to mitigate the situation.
They refused at first. I went to the upstairs neighbor to ask about any leaks they were aware of. They said they had one a month or so ago, but management sent a repair person. That gave me the ammunition I needed that they were aware of the leak and should have contacted the apartment below to check for water damage and at least warned us that there was a possibility. Faced with that, they ended up paying to have the washables cleaned and gave me a check for the things that couldn't be cleaned and had to be tossed. I have asthma and the mold was really causing a problem for my lungs.
In a case like your friend's, I can see a possibility that the cupboard might have been overloaded with weight and that's why it fell. If the items that were in it were overly heavy, I would think the tenant was at fault. If the items were of an anticipated weight for the cupboards to bear, the landlord is responsible to the tenant, and the landlord needs to go back to the cabinet installers to get satisfaction because the cabinet could not have been installed properly. Someone probably cut corners and didn't attach it to the studs to properly bear the weight of any normal contents. That can be determined by looking at the wall, I imagine. So I side with your friend if the cabinet had typical and expected contents in it. And I side with the landlord if the tenant was putting items in that a normal cupboard should not have been expected to handle.
|
|
