Legal Question in Landlord & Tenant Law in Virginia

My refrigerator does not work

My refrigerator is not working properly and my food is spoiling within a couple days after buying groceries. Maintenance came by opened my door closed it and said it's fine. The condensation and water dripping everywhere they told me is due to it being hot outside. They will not replace it and don't know how to fix it. What is the time frame to have it replaced or fixed? What are my rights? It does run but it doesn't stay cold and it shuts down all the time.


Asked on 10/07/05, 10:15 am

2 Answers from Attorneys

Jonathon Moseley Jonathon A. Moseley

Re: My refrigerator does not work

There is also a procedure by which you can get

the refrigerator fixed yourself, by withholding

the money from the rent. You need to clearly

inform the landlord, in writing, that unless

they fix the refrigerator you will get it fixed

yourself and will deduct this amount from your

rent. It is required that you notify them and

give them the chance to fix it themselves.

Expect most landlords to be ignorant of this

process and to fight it, however. They may bring

an eviction action for non-payment, at which time

you can tell the judge that you were forced to

use part of the rent to fix the refrigerator

because they refused.

It is necessary to check your lease and make

sure that you are not resposnible for repairs.

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Answered on 10/08/05, 10:51 am
Michael Hendrickson Law Office Michael E. Hendrickson

Re: My refrigerator does not work

It all depends upon the exact wording of the provision in your lease which deals with who is responsible for the repair and maintenance of the appliances in your unit.

You apparently need to start working your way up the chain of authority, e.g. the supervisor of the maintenance crew, then to the apartment complex or building management, landlord, etc., in order to get the action required to fix this particular problem.

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Answered on 10/07/05, 10:35 am


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