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Should I list appliances in the lease and who is responsible for repairs?

Should I list appliances in the lease and who is responsible for repairs?

Full question:

Hello, I purchased the Missouri residential lease agreement from this site and have the tenant coming over early next week to sign this. I have one more question as to the appliances. My wife and I are leaving the refrigerator and washer & dryer for them. My wife is worried if something breaks in the first month or if they have one issue after another with the refrigerator that we will keep paying. I noticed in the first section Grant of lease it has a part to list your personal property. Should I list these items in that section or would that make the items listed part of the rent and I would be responsible or does that mean it's my personal property that I'm leaving in the house and the tenant would be responsible if something happens and they need to keep using that appliance.

Category: Landlord Tenant
Subcategory: Residential Lease
Date: 04/07/2025
State: Missouri

Answer:

To clarify your situation, you should list the refrigerator and washer & dryer as personal property in the lease. This indicates that you are leaving these items for the tenant's use. However, it's important to specify the terms regarding repair responsibilities in the lease.

Under Missouri law, tenants have a limited right to repair and deduct costs from their rent if necessary repairs are not made. For this remedy to apply, tenants must meet certain conditions, including giving the landlord notice and allowing time for repairs. They can only use this remedy once a year and for a maximum of $300 or half a month's rent (Mo. Rev. Stat. § 441.234).

Additionally, there is an implied warranty of habitability in residential leases, requiring landlords to maintain safe and livable conditions. If a landlord fails to address significant issues that affect habitability, the tenant may have grounds to withhold rent or seek damages. However, this warranty does not make landlords responsible for every minor issue or appliance breakdown.

In summary, list the appliances in the lease as personal property, but clearly outline the repair responsibilities to avoid potential disputes.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

What can landlords not do in Missouri?

In Missouri, landlords cannot discriminate against tenants based on race, color, religion, sex, national origin, familial status, or disability. They also cannot retaliate against tenants for exercising their legal rights, such as reporting health or safety violations. Additionally, landlords must provide habitable living conditions and cannot enter the rental property without proper notice, typically 24 hours, unless in emergencies. Violating these rules can lead to legal consequences.

Is a broken fridge a maintenance emergency?

A broken refrigerator may not always be classified as a maintenance emergency in Missouri. However, if the failure of the fridge significantly affects the tenant's ability to store food safely, it may warrant urgent attention. Tenants should notify the landlord promptly, and if repairs are not made in a reasonable time, they may have rights under the repair and deduct statute (Mo. Rev. Stat. § 441.234).

How long after signing a lease can you back out in Missouri?

In Missouri, once a lease is signed, it is generally binding, and backing out may not be straightforward. However, if the lease includes a specific clause allowing cancellation within a certain period, tenants may exercise that right. Otherwise, tenants may need to negotiate with the landlord or find a replacement tenant to avoid penalties. Always review the lease terms for specific cancellation policies.

Do landlords have to replace refrigerators?

In Missouri, landlords are not legally required to replace refrigerators unless the lease specifically states that appliances will be provided and maintained. If the refrigerator is included as part of the rental agreement, landlords must ensure it is in working condition at the start of the lease. If it breaks down, the landlord may need to repair or replace it, depending on the lease terms.

How to ask a landlord for a new fridge?

To request a new fridge from your landlord, start by reviewing your lease to check if the appliance is included. Then, communicate your request in writing, clearly stating the issues with the current fridge and why a replacement is necessary. Be polite and provide any supporting evidence, such as repair records. If the landlord does not respond, you may need to follow up or consider your legal options based on the lease agreement.

Does a landlord have to replace a refrigerator?

Landlords in Missouri are not obligated to replace a refrigerator unless it is explicitly stated in the lease agreement that they will provide and maintain appliances. If the refrigerator breaks and is part of the rental property, the landlord may need to repair it. However, if the lease does not mention appliances, the tenant may be responsible for their maintenance.