- April 17, 2024
- Posted by: legaleseblogger
- Category: Related News
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## Legal Dispute Over Appliances in Rented House
I have been residing in a rented house for the past 13 years, during which I have brought and used my own stove and refrigerator. The initial landlord, who was a friend of my mother, had no issue with me using my appliances within the property. However, a new landlord took over ownership during the third or fourth year of my tenancy.
As I prepare to move to a new rental property, the current landlord is now claiming ownership of the stove and refrigerator that I brought in. I am now in a difficult situation as I cannot locate any paperwork to prove that I purchased the appliances due to the extended period of time that has passed.
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Don’t panic. How is your landlord “claiming” your appliances? Can they prove that they legally acquired them? Why do you have to prove you bought them?
But for the sake of simplicity, do you have any old photos showing the appliances in a previous residence? Do you remember where you bought them? The store (esp if a big chain) may be able to dredge up old records. Does your credit card company have old records of purchases? What about emails, either coordinating delivery or for the purchase itself?
Did you throw away appliances that were there at the time? Or were there just empty spaces where the appliances would go?
Your new landlord was likely informed by the previous owner that they took the apartment with the appliances and fixtures. Your previous landlords lack of records is going to bite you. This dispute will likely lead to you going to court in order to prove the appliances are yours. You should review all records you have to try and find it. Perhaps you have a bank record from a checking account or credit card show you purchased it.
Regardless you should consult a lawyer in your jurisdiction to discuss options to resolve this case. If the landlord realizes their beef is really with the previous seller they may be willing to work with you to resolve this.
Did you ever register the warranties? Or list them on your renter’s insurance? Photos of the appliances in a different location? All could be used to show ownership.
If your mom is still friends with the former land lord, you can get them to acknowledge the arrangement. Or find old messages between you or your mom and that landlord acknowledging you bought the appliances.
Were there no appliances in place when you took the property? Or were there ones of landlord’s? Where are those now?
Since the original landlord was a friend of the family, are you able to contact them? A statement from them that they didn’t own the appliances and couldn’t have conveyed them with the house would go a long way in court (if it comes to that).
They have to prove ownership .if not it’s no different than changing a shower head and swapping it back. They can’t buy what was never theirs if the keep it its theft file a report small claims plus punitive.is my route any one else thinks this would work or am I delusional?
Do you have your original lease and does that state anything about the appliance situation upon move in? Like “tenant will provide their own appliances” or “rental is without stove and refrigerator”? Can you talk to your former landlord/friend and have them clarify (in some way legally) that the stove and appliance belonged to you or not the house?
I would ask the landlord to provide proof that the appliances you bought were there and bought by the previous owner. If they threaten to not return security deposit, I would also threaten with small claims court and attorney cost. If they keep your deposit you can seek restitution through the small claims court.
Don’t forget also in some states you can ask for interest on your security deposit so 13 years of Interest.
Depending on where your purchased the appliances, they might still have records of when you purchased them. Could always check and see.
The landlords contracts for the sale and/or offer may show the appliances as part of the deal. Now if they were included that would not be correct but I’d start with having him show you why he thinks that they’re his. Also: You could clean up the old stove and put in back in the kitchen.
Get ahold of the old landlord to see if he will back you up.
Did your previous landlord give you an inventory with photos of every room? Maybe attached to on an old email somewhere when you signed your initial agreement?
So what you’re leaving out of the original post.. Based on your comment history is that the rental had a fridge and stove but you replaced them and trashed the ones that came with the rental. Yes, putting things in the yard is trashing them since they won’t work anymore and probably aren’t repairable.
There is no clear answer here but you definitely didn’t handle this properly and you’re probably screwed.
Do you have any photo or video of you when you first looked at the apartment? Or the listing itself maybe a screenshot? You might be able to show that the stove and fridge are not there.
Also if you know when you bought it or where you can often have the company send a proof of purchase if you bring the card on file to the store.
Do you have neighbors who rented from same place without appliances?
The renters took the washer and dryer in a home I purchased – I asked the realtor about it, and she, after a lengthy non-response time and two emails later said, “I don’t know, was there even a washer and dryer”
– this particular realtor doesn’t really interact with you much if you’re not talking about buying a house, and the renters are no where to be found. The washer and dryer were kinda old and dirty/not well maintained. so I shrugged it off.
And, yes, the only recommendation on realtors I make is “not that one”
What does your lease say that is included?
It’s very simple, go to a used appliance store, and move some used appliances in. Whatever was there when you moved in, you owe him.
In most leases, tenant improvements become part of the unit. Things like blinds or changing light fixtures to give a higher end look, even appliances are now part of the unit if stated in the lease as such. Your original lease should have some language about this. If it doesn’t, you’ll have to go through the battle of proving that language wasn’t in the original lease, you paid for and installed the units yourself, and that the item belongs to you but was allowed to be used in the unit (written permission?).