Is this landlord extortion or a reasonable request?
March 1, 2010 11:38 AM   Subscribe

I live in Los Angeles. My ex landlord says that I bent the frame on the door for the fridge and would like me to pay 399 for a new one. This seems sketchy. What should I do?

I recently moved out of a place where I had nothing but trouble with the landlord. He said it was my job to keep the lawn mowed to his specifications, he never fixed anything correctly and seemed a little sketchy.

So I move out. And he says the the door on the fridge doesn't close right. It was off a little bit I think after I put a bunch of wine bottles in the door. But it was completely fine by extending the tab that turns off the light on the inside. No problems after that. Which I think was why I never got around to telling him about it. He was kinda hands off so I figured I'd handle it myself.

Now he says he has an estimate to fix it for 400 dollars. Or there's a cheap one for sale for 399. He wants me to pay.

Should I?
posted by rileyray3000 to Law & Government (25 answers total) 1 user marked this as a favorite
 
Response by poster: Also, I already have my security deposit back at this point, FWIW.
posted by rileyray3000 at 11:41 AM on March 1, 2010


Has he already returned your security deposit? Did you do a walk through with him when you moved out?
posted by Kimberly at 11:42 AM on March 1, 2010


That's what I get for not previewing -- Definitely do not give him the money. The only reason I could possibly think of for you doing this would be a good rental reference, but you won't need it since you're already in another place. This is not your responsibility.
posted by Kimberly at 11:43 AM on March 1, 2010


IANAL and this is not legal advice but do you have anything that shows a history of his negligence? If you believe there isn't a problem then he doesn't have any recourse aside from taking you to small claims court, unless he has a refundable deposit he plans to withhold.

That also does seem like large amount to get something like that fixed. I'd request a copy of the estimate and if he doesn't produce one just ignore him. If you're feeling particularly reasonable and feel culpable I'd call around and see what this type of thing normally runs.
posted by EsotericAlgorithm at 11:46 AM on March 1, 2010


I think you fucked up when you agreed to start mowing the lawn.
posted by phaedon at 11:46 AM on March 1, 2010


Response by poster: At the beginning of the month he said that he'd use my security deposit as my last month of rent. He did the walk through with me after I moved out.
posted by rileyray3000 at 11:48 AM on March 1, 2010


Response by poster: Well as to the lawn thing, I didn't actually. He said it looked a little overgrown. I said, I didn't really care. He ended up getting ticketed for it by the city as a fire hazard and pointed out that he is only responsible for trash and water for the house. That lawn is my responsibility. So I ignored it again and then, before I left, paid some guy to weed whack it to five inches.
posted by rileyray3000 at 11:50 AM on March 1, 2010


Response by poster: I also left him close to 1000 bucks in improvements to the house. I put stairs in on the porch. I put two new pieces of furniture in the kitchen, cabinet and towel rack in the bathroom
posted by rileyray3000 at 11:56 AM on March 1, 2010


Send him a detailed, itemized bill for lawnmowing services rendered. For $399.
posted by Citrus at 11:58 AM on March 1, 2010


Response by poster: No the landlord paid someone to cut the grass down after he got ticketed. I just don't think I should have been paying to do that. I still don't. He gave me the impression when we talked that it was taken care of and then, when I moved in, said that the lease only covered water and trash.

So I ignored it, he got ticketed and then, when I moved out, I got it cut (the grass) to the same level it was when I moved in. I AM a good tenant. I put a ton of time and sweat equity into the place. I I dug out two tree stumps in the yard he ignored and a fence he just cut in half and buried because he couldn't be bothered to dig it out correctly.
posted by rileyray3000 at 12:00 PM on March 1, 2010


INAL. Tell him "thanks but I'll keep my money". The worst he could do is take you to small claims court, where you could claim his fee is excessive and unwarranted. On the very small chance he does take you to court and does win, you'd be responsible for the $400 plus a $30 court fee.
posted by malp at 12:02 PM on March 1, 2010


It was off a little bit I think after I put a bunch of wine bottles in the door.

Since he's already given you back your security deposit, it doesn't seem as though he's the type to try to deal dishonestly; he may just be a little slack (i.e. the lawn thing). It also sounds as though he has been relatively laid back (he didn't try to get you to pay his ticket, did he?).

If your wine bottles made the door "off a little bit", then you probably did cause the damage. A lot of people wouldn't want to live with a fridge door that didn't close all the way easily -- it might be easier to put up with if you know you caused it, but if I moved into a place and saw the fridge door not closing, I'd imagine awful utility bills + yucky condensation and mildew and insist that it be fixed.

Even if you don't legally have to pay (I don't know), and the refrigerator would need to be replaced eventually, it's probably the right thing to do to absorb part of the cost. Maybe calculate how long the refrigerator was supposed to last, figure in how old it was when the door was damaged, and come up with how much you reduced the useful life of the fridge, then use that to figure out what percent of the repair/replacement cost you're responsible for.

Just if you want to be a nice person about it.
posted by amtho at 12:03 PM on March 1, 2010


I don't understand what the problem is. You did the walk-through and he gave you back your security deposit. Your relationship is over.

According to him, the fridge door was fine when you moved out (you did the walkthrough and got your money back, right? That's the proof). How do you know he didn't damage the fridge himself, and wants you to pay for it?

Your relationship with this fellow is over. Tell him when he phones you next that he should not contact you by telephone.

If he mails you something, send a letter back saying not to contact you by mail.

Do not say anything else to this fellow, either over the phone, or in writing.

He will not hire a lawyer - it would cost him $200 just to get in the office. He can take you to small claims court, but you have the walk-through report and the money.

Just end this relationship.
posted by KokuRyu at 12:14 PM on March 1, 2010


Response by poster: I might not have been clear. It was at the walkthrough that he brought up the door on the fridge and said "you need to pay for that."
posted by rileyray3000 at 12:17 PM on March 1, 2010


Response by poster: I got my money back because he let me use my security deposit as my last month of rent.
posted by rileyray3000 at 12:17 PM on March 1, 2010


I find it really hard to believe that you need to replace an entire fridge door because you overloaded it with wine bottles. If anything, wouldn't you be able to replace one of the specific parts like the hinges or seal or something?
posted by Think_Long at 12:39 PM on March 1, 2010


It was off a little bit I think after I put a bunch of wine bottles in the door.

Is personal responsibility dead? I know landlords aren't popular around here --- often, rightly so --- but if you broke the door, you should make it right. And if you didn't break the door, you should say as much and walk away.

That said, $399 seems like a steep figure for what would seem like an easy repair. But IANA refrigerator repair man, so why not call up some places that do this and get some quotes?
posted by qxntpqbbbqxl at 12:40 PM on March 1, 2010 [2 favorites]


This is totally BS. He can go to a used appliance place or junkyard and find the exact same model door for $40 or less. Don't give him crap or if you feel obligated have someone from a used appliance store go look at it and get it fixed at their price.
posted by white_devil at 12:47 PM on March 1, 2010


So it sounds like he did not sign off on the damage deposit. Usually that's what a damage deposit is for, and the landlord, by holding the deposit, is in a slightly stronger position than the tenant. However, you're in the stronger position now, because his only recourse is to take you to the state tenancy tribunal (whatever it is in California) or small claims court.

Both of these bodies would take into account that there must have been *some* reason the landlord agreed to forfeit the damage deposit, and he didn't forfeit the damage deposit anyway - he kept it, and didn't charge you rent for one month, which is a seperate issue.

Your landlord kept your damage deposit. It should cover the damages to the fridge. The landlord also gave you free rent for the last month. He's in control of the situation.

If you feel like forking over money to pay for the fridge, it's up to you, but it seems unlikely that a) he will take you to court and b) a court or tribunal would award damages in his favour.

Just end the relationship.
posted by KokuRyu at 12:49 PM on March 1, 2010


No, don't pay.

The warp on a refrigerator door is very often controlled by bolts which can be loosened and then tightened. One of the worst complications of replacing the magnetic gasket on a refrigerator door in some models, is that you lose the factory door warp setting-- and it can be very tricky to get it right again. One site I looked at recommended taking the door off, removing the handle and laying it flat on the floor on its back as part of the procedure for replacing the magnet. If your ex-landlord isn't aware of this, it may be time he learned about it.

Of course, you may have damaged it by overloading to the point that adjustment won't work, but I'd guess that it merely slipped out of adjustment under load, which would be a predictable and expected issue of long term maintenance, and as such, the responsibility of your landlord.
posted by jamjam at 1:02 PM on March 1, 2010 [1 favorite]


I was just about to post something like what jamjam wrote, so I'll just reiterate: I'd be willing to bet that the door isn't broken. Refrigerator doors can go out of alignment and are not "broken" as such, but just needs to be readjusted. Furthermore, appliances in rental units take tons of abuse and replacement costs due to normal wear and tear should be built in to your rent. Don't pay.
posted by maniactown at 1:26 PM on March 1, 2010 [1 favorite]


Really, I don't think this is as clear cut as it's made out to be by some other people in this thread. It really depends on the laws of the state where it happens. After a brief look at the rules for where you are, I think that it might depend partly on the language in the lease and partly on the amount of the security deposit. There are fairly specific rules in California with respect to the steps that a landlord has to take to use your security deposit for repairs, he has already met several of them but he has to provide an invoice for any repairs within a certain amount of time. If the security deposit is less than the amount paid for the repairs AND the last month's rent, than he may be able to go after you for the unpaid rent.

As to the replacement costs of the refrigerator, he may not be able to charge you the full replacement cost unless the refrigerator was brand new when you moved in. A lot of states use a depreciation schedule to figure out how much a tenant pays for an appliance that would have eventually needed to be replaced. Again, this would just depend on your state.

I'm not sure how California small claims court works, but where I live it's pretty easy to file a claim. You just go down to the courthouse and fill out a form and pay a small fee. It is almost certainly in your long term interest to work it out with the landlord and not just walk away from the situation.
posted by jefeweiss at 1:26 PM on March 1, 2010


I might not have been clear. It was at the walkthrough that he brought up the door on the fridge and said "you need to pay for that."

The law in California says he has to itemize it in writing within 3wks or he loses all claim to any of your money. End of story.
posted by rhizome at 2:18 PM on March 1, 2010


How old/nice is the fridge? If you think you damaged the fridge, offer him what you think the damage is worth. If you improved the yard more than you beat up the fridge, and you feel like you've done the right thing, then you're done. I used to be a landlord, and wear & tear is to be expected.
posted by theora55 at 4:59 PM on March 1, 2010


Is personal responsibility dead? I know landlords aren't popular around here --- often, rightly so --- but if you broke the door, you should make it right. And if you didn't break the door, you should say as much and walk away.

This.

Man/woman up, and talk to your landlord about what a reasonable resolution to this is. Maybe it can be adjusted; maybe there is a cheaper door to be had. But, if you admit that you did the damage, and he mentioned it during the walkthrough, and you've admitted that your actions likely caused the damage/misalignment, take responsibility for your actions.

I don't mean to come off as preachy; I just wish our species was better at not screwing each other over at every available opportunity. I would only advocate for telling him to bugger off and walking if his claims -- even after negotiations -- continue to be unreasonable.
posted by liquado at 8:55 PM on March 1, 2010 [1 favorite]


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