Post by gretchenindisguise on Jul 22, 2013 16:51:55 GMT -5
We are signing a lease with new tenants. We have a washer/dryer/deep freeze in the basement. They are free to use them, but if they break - I don't want to be responsible to fix them or replace them if something goes wrong.
Right now the management company has this phrase: "owner will supply but not maintain."
My issue with that phrase, is that I'm worried if it is out of commission we will then be required to "supply," which is exactly what I don't want to do.
Tell me what phrase to use please. Or tell me I'm reading too much into it.
I would change it to "owner will not maintain, repair, or replace __________ appliances.
What happens if they break them? Should you address that as well?
That's covered elsewhere in the lease on the care of the house and appliances. But in the end, honestly - they're kind of written off in my head anyways. I just really don't want to replace them should something happen (which I don't expect but don't want to leave open).
I would at least at "nor replace" after not maintain.
Perhaps reword entirely. How about: "House contains a washer, dryer and deep freezer in the basement. Owner makes no assertions about the condition or functionality of these appliances. Tenant may use these appliances if in working order but shall not damage them nor allow damage to the house or fixtures. If these appliances cease to function properly, tenant shall cease such use and owner will neither maintain nor replace them."
Malfunctioning washers have a way of flooding so I'd want something in there so they know to clean up a flood (or get the maintenance company in stat to do so).
I totally get what you are saying--You don't necessarily want them back or anything, but you just don't want to have to replace them if they become inoperable for any reason.
You could put something like "(Appliances) in unit are available for use by tenant. Should the tenant decide to utilize (appliances), Landlord assumes no responsibility or liability to maintain or replace the (appliances) for any reason. Maintenance, repairs and replacement are the sole responsibility of the tenant."
I've seen "as is" clauses in leases which state that you receive the apt (or appliances, in this case) as is and the tenant is responsible for maintenance.