Who pays for the fridge in a rented flat under the LAU
When a fridge breaks down in a rented flat, the answer does not depend only on whether it is an appliance: what matters is the cause, its condition on entry, what the contract says and whether we are talking about a fault, wear and tear from normal use or lack of maintenance. This guide helps you work out who has to pay and how to act.
The short answer: it depends on the cause of the fault
In a rented flat, the fridge is not always paid for by the same party. The practical rule is this: if the problem stems from **normal use**, **minor wear and tear** or a fault that is not attributable to the tenant, it will usually fall within the landlord’s obligations to maintain the property. If, on the other hand, the fridge has broken down because of misuse, a knock, incorrect handling or a lack of care attributable to the tenant, the repair or replacement may be the tenant’s responsibility.
The LAU does not say “the landlord always pays for the fridge” or “the tenant always pays for it”. What it does is establish a general framework for maintenance and the allocation of responsibilities. In residential leases, the parties may agree certain matters, but they may not exclude, to the tenant’s detriment, the mandatory rules of the relevant title. The key legal basis is the Urban Leases Act, especially the regime governing maintenance obligations and that governing expenses and services.
What to check before deciding who pays
Before assuming that “the fridge belongs to the landlord” or “the tenant broke the fridge”, it is worth making a simple assessment. It is not enough for the appliance to stop cooling: you need to know why.
1. **Check whether the fridge was included in the rental.**
If the property was rented furnished or equipped, the fridge forms part of what is let and its condition matters from day one. The LAU extends the residential letting regime to furniture and ancillary parts when they are let as part of the property.
2. **Review the inventory and handover report.**
A clear inventory avoids disputes: model, serial number if noted, external condition, basic operation, shelves, drawers, freezer compartment, seals and whether it was making ice or an unusual noise on entry. If there is no inventory, it is later more difficult to prove whether the defect was already there or appeared afterwards.
3. **Distinguish a technical fault from wear and tear.**
A fridge may fail because of age, obsolescence or an internal part no longer working. That is not the same as a door damaged by a knock, a handle torn off or a seal broken by forcing the door shut.
4. **Check whether the fridge has been working badly from the start.**
If the tenant promptly reports that it is not cooling properly, is making ice or is leaking water, it may be a pre-existing defect or a maintenance issue. If it appears after a specific act by the tenant, the analysis changes.
General rule: the landlord maintains, the tenant looks after
The LAU distinguishes between the landlord’s obligation to maintain the dwelling so that it serves the agreed use and the tenant’s obligation to keep it in good condition through ordinary use and to answer for damage caused by negligence. In horizontal property, more generally, the overall logic of upkeep and diligent use is also present in the special law on owners’ associations, which requires each owner to keep their flat or premises in good repair and to answer for damage caused by their negligence.
Simply put: if the fridge breaks down **because it is being used normally**, the repair will usually fall within the landlord’s maintenance obligation. If it breaks down **because the tenant has mistreated it**, the cost may be theirs.
A useful guideline is this:
- **Owner/landlord**: internal fault, electrical or mechanical failure not attributable to misuse, replacement because the appliance has reached the end of its useful life, repair necessary to keep the appliance within the rented dwelling in serviceable condition.
- **Tenant/tenant**: breakages caused by knocks, poor handling, serious lack of cleaning that causes damage, improper defrosting, use contrary to the manufacturer’s instructions or caused damage.
As regards expenses, the LAU allows certain general expenses and individually identifiable services to be agreed in writing, but it does not automatically pass any and every cost on to the tenant. In addition, estate agency fees and contract formalisation costs may not in any circumstances be passed on to the tenant. That does not in itself resolve the fridge issue, but it is a reminder that the contract cannot place everything on the tenant without limit.
How to act if the fridge breaks down: practical steps
1. **Notify it in writing as soon as possible.**
Do not leave it “to see if it lasts”. A message or email with a date helps to record the problem.
2. **Describe the symptom, not just the outcome.**
Do not simply say “it does not work”. State whether it is not cooling, making noise, leaking water, the freezer is not freezing or the trip switch is going.
3. **Attach photos or videos if you can.**
They help to evidence the condition and guide the diagnosis.
4. **Check the inventory and the contract.**
Look to see whether the fridge was included, whether it was handed over “in good condition”, whether there were any observations on entry and whether there is any clause on appliance maintenance.
5. **Ask for a technical assessment if the cause is unclear.**
If the fault is disputed, an objective diagnosis avoids unnecessary arguments.
Common mistakes to avoid
- **Assuming every appliance fault is the tenant’s responsibility.** That is not correct.
- **Assuming every fridge included in the property is always paid for by the landlord.** Nor is that.
- **Throwing away the fridge without documenting its previous condition.** That can make proof more difficult.
- **Replacing it with another one without agreement and then asking automatically for reimbursement.** Better to agree it first.
- **Not checking the inventory on move-in and move-out.** It is the document that often decides many disputes.
What it is worth putting in writing to avoid disputes
If you are renting out or letting a dwelling with a fridge, the wisest course is to make these points clear from the outset:
1. Model or description of the appliance.
2. Apparent condition when the dwelling is handed over.
3. Who covers the repair if it fails through normal use.
4. What happens if the fridge stops working because of misuse.
5. How an issue is reported and within what time a response must be given.
This approach does not replace the contract or an individual assessment of the case, but it greatly reduces disputes. If the fridge fails and it is not clear whether it is a normal fault or damage attributable to someone, it is worth checking the paperwork before paying out of your own pocket.
If you want to prepare your contract, your inventory or the handover of a furnished property more carefully, you can ask for help at UBICASA or request an online indicative valuation. The estimate is indicative, includes a range and PDF report and, if you wish, an optional visit.
**General guidance:** this guide does not replace individual advice on your specific contract, the condition of the appliance or the documentation signed by the parties. If there is a disagreement, the key will be the evidence of the inventory, the use and the cause of the fault.
### In summary
The fridge in a rented flat is normally paid for by **the landlord** when it is a matter of maintenance, ordinary wear and tear or a fault not attributable to the tenant. It is paid for by **the tenant** when the damage results from misuse or negligent conduct. The difference is not that it is a fridge, but **why it has broken** and **what the inventory proves**.
If you want to avoid disputes, document the condition of the appliance on entry and set out in writing who will be responsible for repairs and replacements in each case.