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Refusing to fix dishwasher

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Old Aug 23rd, 2008, 11:53 AM     #1
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Default Refusing to fix dishwasher

My kitchen flooded the first time I used my dishwasher. My LL left me a note saying not to use it, she would "attempt to fix it when I get the funds".

Can I make her fix it. She told the last tenant "I'm not going to fix your dishwasher, it is a luxury and you don't need it."

I live in Michigan and the dishwasher was there when I moved in.
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Old Aug 24th, 2008, 07:06 PM     #2
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Default Re: Refusing to fix dishwasher

Is the DW listed in your lease or on your condition statement from when you moved in? If so, you can send a certified letter to the LL to request it be repaired. Keep a copy of this request. If it is not listed anywhere, you aren't renting a DW with your apartment. It may be there, but you aren't paying for it and he may not have to fix it.
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Old Aug 24th, 2008, 09:14 PM     #3
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Default Re: Refusing to fix dishwasher

Under most tenant-landlord relationship, the landlord is obligated to take care of the repairs for all appliances provided in the unit if is there prior to move-in. Submit a formal request and if the landlord does not fix the problem within 30 days, you can start putting your rent into escrow. The landlord will not be able to get it until he/she provides proof of the repair.
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Old Aug 24th, 2008, 09:40 PM     #4
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Default Re: Refusing to fix dishwasher

"you can start putting your rent into escrow"

I wouldn't do that if I were you. Read your state's rent withholding statute. Almost all states say that rent withholding is only for habitability problems, not for problems with an appliance that you don't require to live in the unit. There must be a material breech by the LL affecting your ability to live in the unit to rent withhold. It is permitted for lack of heat, hot water, major plumbing problems, but not for a leaky DW. Additionally, 1/4 of all states have NO statute allowing rent withholding! If you attempt to rent withhold in a state that has no such statute, it is grounds for eviction. You don't want to do that.

If your DW is listed on your lease, your property condition statement, an advertisement for the unit, or in some other way is documented as being included in your unit, send a certified letter to the LL requesting repairs. Mail it rrr, and keep a copy. If the LL does not repair within 30 days, post back with your state and I can give you the repair and deduct statute for your area. You can have the unit repaired yourself, deduct the amount from the rent, and send the LL the receipt to prove the repair. Do this only after sending the above written request and only after checking to be sure your state has a repair and deduct statute on the books (since not all states have these either.)
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