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Posted by Kris on January 19, 2001 at 15:51:56:

In Reply to: Clarification posted by TenantNet on January 19, 2001 at 15:42:46:

Yep that is exactly what I was saying! I would definately give your landlord a call. I would suggest acting nice instead of accusatory right off the bat... that way you are more likely to get a full answer.

: What Kris may be trying to say is that damages and maintenance are tow different things. If something breaks by neglect (improper usage) or by design (intentional breakage), that falls under damages -- jut like a normal security deposit would cover. However, if something breaks because of normal use (in the manner intended), age, etc., that that is the owner's responsibility as repairs and maintenance. Without a finding of fact that you did something out of the ordinary that caused the disposal to break, the this is the landlord's obligation. That's why you pay rent -- to cover this. The landlord must discover and affirmatively assert specific facts that caused the appliance to malfunction. Jumping to conclusions is not sufficient.

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: Yep that is exactly what I was saying!  I would definately give your landlord a call. I would suggest acting nice instead of accusatory right off the bat... that way you are more likely to get a full answer.

: : What Kris may be trying to say is that damages and maintenance are tow different things. If something breaks by neglect (improper usage) or by design (intentional breakage), that falls under damages -- jut like a normal security deposit would cover. However, if something breaks because of normal use (in the manner intended), age, etc., that that is the owner's responsibility as repairs and maintenance. Without a finding of fact that you did something out of the ordinary that caused the disposal to break, the this is the landlord's obligation. That's why you pay rent -- to cover this. The landlord must discover and affirmatively assert specific facts that caused the appliance to malfunction. Jumping to conclusions is not sufficient.


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