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  1. #1
    Join Date
    Jan 2011
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    3

    Default Can I Be Held Responsible for Damage During a Power Outage

    My question involves a security deposit in the State of: Texas. My husband and I rent from a property manager in San Antonio, and we experienced a power outage in my neighborhood last week that blew the compressor on the refrigerator that came with the rental house. Clearly, we had no control over a neighborhood-wide power outage and have proof from the electric company that such an outage actually occurred. In our lease, the 8 year old refrigerator is listed "as is", but was working when we moved in. Could we be held responsible for repairing or replacing the "as is" fridge out of our security deposit when we leave?

  2. #2
    Join Date
    Jan 2006
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    38,867

    Default Re: Can I Be Held Responsible for Damage During a Power Outage

    what does your lease say to liability for maintenance of items such as appliances?

  3. #3
    Join Date
    Feb 2010
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    CT & IL
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    Default Re: Can I Be Held Responsible for Damage During a Power Outage

    You should notify your LL about the incident in writing and ask for some type of reply (like a replacement unit); I would say, no you are not responsible for any costs. Maintenance on refrigerators is simple cleaning of the coils ... & really, the OP has no idea what's factually wrong with the unit. The OP should not make any factual statements other than "it no works right after power outage".

  4. #4
    Join Date
    Jan 2011
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    3

    Default Re: Can I Be Held Responsible for Damage During a Power Outage

    My lease says that appliances "broken, neglected, or abused by tenant or guest" will not be repaired or replaced, but this specific appliance is listed "as is". There is no definition for "as is" in the Texas property code, and I don't think that I actually broke the fridge- I didn't cause the power outage or the electrical surge that occurred when the power was restored. Unfortunately, under Texas law, "accidents" are not considered "normal wear and tear" so I don't know if they can withhold money from our security deposit for an accidental power outage.
    When we first moved in to the house, a seal on the sink disposal had dry rotted and we were charged to replace it, despite the fact that this is something the landlord should have maintained. Our kitchen was flooded with waste water from the sink and dishwasher, but this didn't qualify as "a condition that adversely affects the health or safety of an ordinary tenant" as per our lease.
    The whole thing is so shady, and this property manager was a bully from day one- any ideas about the situation?

  5. #5
    Join Date
    Jan 2006
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    Default Re: Can I Be Held Responsible for Damage During a Power Outage

    Unless the apartment was specifically contracted to include a refrigerator, I suspect this one will go away and you will be required to supply your own. Just be sure the LL does not try to make a claim on your fridge when you leave.

    I do not see where you would be liable for the repair or replacement. It sounds more like the LL knew it was not long for this world and simply left it there for as long as it lasted. If you want the fridge repaired, it will likely be your cost though due to the as-is.

  6. #6
    Join Date
    Jan 2011
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    3

    Default Re: Can I Be Held Responsible for Damage During a Power Outage

    That would be the ideal situation for us- I just don't want to have the cost of a new refrigerator taken from my deposit! Thanks for the advice! I can still see this going to court over the deposit. I am really glad we had the presence of mind to take pictures of absolutely everything prior to move in and have an extensive list of every nail hole and chipped paint in the house. We have done nothing but improve the property- they don't have anything to charge us for that isn't normal wear and tear other than this fridge situation!

    Do you think we would have a case in court if it came down to that?

  7. #7
    Join Date
    Jan 2006
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    38,867

    Default Re: Can I Be Held Responsible for Damage During a Power Outage

    Quote Quoting dapple00
    View Post

    Do you think we would have a case in court if it came down to that?
    I believe so.

  8. #8
    Join Date
    Sep 2005
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    Default Re: Can I Be Held Responsible for Damage During a Power Outage

    I would infer from the following statute that if a landlord provides an appliance with lease premises, the landlord must repair or replace the appliance if it breaks during the course of the lease:
    Quote Quoting Texas Property Code, Sec. 92.0081. Removal of Property and Exclusion of Residential Tenant.
    (a) A landlord may not remove a door, window, or attic hatchway cover or a lock, latch, hinge, hinge pin, doorknob, or other mechanism connected to a door, window, or attic hatchway cover from premises leased to a tenant or remove furniture, fixtures, or appliances furnished by the landlord from premises leased to a tenant unless the landlord removes the item for a bona fide repair or replacement. If a landlord removes any of the items listed in this subsection for a bona fide repair or replacement, the repair or replacement must be promptly performed.

    (b) A landlord may not intentionally prevent a tenant from entering the leased premises except by judicial process unless the exclusion results from:
    (1) bona fide repairs, construction, or an emergency;

    (2) removing the contents of premises abandoned by a tenant; or

    (3) changing the door locks on the door to the tenant's individual unit of a tenant who is delinquent in paying at least part of the rent.
    (c) If a landlord or a landlord's agent changes the door lock of a tenant who is delinquent in paying rent, the landlord or the landlord's agent must place a written notice on the tenant's front door stating:
    (1) an on-site location where the tenant may go 24 hours a day to obtain the new key or a telephone number that is answered 24 hours a day that the tenant may call to have a key delivered within two hours after calling the number;

    (2) the fact that the landlord must provide the new key to the tenant at any hour, regardless of whether or not the tenant pays any of the delinquent rent; and

    (3) the amount of rent and other charges for which the tenant is delinquent.
    (d) A landlord may not intentionally prevent a tenant from entering the leased premises under Subsection (b)(3) unless:
    (1) the landlord's right to change the locks because of a tenant's failure to timely pay rent is placed in the lease;

    (2) the tenant is delinquent in paying all or part of the rent; and

    (3) the landlord has locally mailed not later than the fifth calendar day before the date on which the door locks are changed or hand-delivered to the tenant or posted on the inside of the main entry door of the tenant's dwelling not later than the third calendar day before the date on which the door locks are changed a written notice stating:
    (A) the earliest date that the landlord proposes to change the door locks;

    (B) the amount of rent the tenant must pay to prevent changing of the door locks;

    (C) the name and street address of the individual to whom, or the location of the on-site management office at which, the delinquent rent may be discussed or paid during the landlord's normal business hours; and

    (D) in underlined or bold print, the tenant's right to receive a key to the new lock at any hour, regardless of whether the tenant pays the delinquent rent.
    (e) A landlord may not change the locks on the door of a tenant's dwelling under Subsection (b)(3) on a day, or on a day immediately before a day, on which the landlord or other designated individual is not available, or on which any on-site management office is not open, for the tenant to tender the delinquent rent.

    (e-1) A landlord who changes the locks or otherwise prevents a tenant from entering the tenant's individual rental unit may not change the locks or otherwise prevent a tenant from entering a common area of residential rental property.

    (f) A landlord who intentionally prevents a tenant from entering the tenant's dwelling under Subsection (b)(3) must provide the tenant with a key to the changed lock on the dwelling without regard to whether the tenant pays the delinquent rent.

    (g) If a landlord arrives at the dwelling in a timely manner in response to a tenant's telephone call to the number contained in the notice as described by Subsection (c)(1) and the tenant is not present to receive the key to the changed lock, the landlord shall leave a notice on the front door of the dwelling stating the time the landlord arrived with the key and the street address to which the tenant may go to obtain the key during the landlord's normal office hours.

    (h) If a landlord violates this section, the tenant may:
    (1) either recover possession of the premises or terminate the lease; and

    (2) recover from the landlord a civil penalty of one month's rent plus $1,000, actual damages, court costs, and reasonable attorney's fees in an action to recover property damages, actual expenses, or civil penalties, less any delinquent rent or other sums for which the tenant is liable to the landlord.
    (i) If a landlord violates Subsection (f), the tenant may recover, in addition to the remedies provided by Subsection (h), an additional civil penalty of one month's rent.

    (j) A provision of a lease that purports to waive a right or to exempt a party from a liability or duty under this section is void.

    (k) A landlord may not change the locks on the door of a tenant's dwelling under Subsection (b)(3):
    (1) when the tenant or any other legal occupant is in the dwelling; or

    (2) more than once during a rental payment period.
    (l) This section does not affect the ability of a landlord to pursue other available remedies, including the remedies provided by Chapter 24.

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