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Fridge broke; food spoiled; what should landlord pay? — Brooklynian

Fridge broke; food spoiled; what should landlord pay?

I live in an apartment where, according to my lease, the landlords supply the refrigerator. A couple of weeks ago, I told the landlord that the refrigerator was making a loud buzzing noise. He came and checked it, couldn't fix it, said refrigerator repairpeople were a waste of money and that he would replace it once it completely broke.

Well, it broke this morning when, for the first time in a decade, I have a fully-stocked fridge, including a few expensive items. What would be a fair means for deciding what the landlord should pay to reimburse me for the food? I can come up with receipts for food for the last week or so or should we just pick a number (since some of the food I purchased, I ate)? Thoughts?

Also, the broken refrigerator is sitting in my kitchen unplugged until the new fridge arrives tomorrow. Is it safe to have the fridge in my apartment and/or is there any danger of a freon leak?

Comments

  • no danger of freon leak. I sound like it died of old age, not injury to one of the coils.

    Sure, show him the food that spoiled. Tell him you spent about xx amount on it. Then see if he offers to take it off the rent.

    I'm not sure I would ask that it be taken off the rent, I don't know the guy.

    ...outside of the SRO's in the '80 you used to see plastic bags on ropes in the winter. (people who could afford or weren't allowed to have fridges).

    Being that your fridge comes tomorrow, your situation won't come that.
  • Thanks.

    I'm curious why you wouldn't ask to be reimbursed. He knew the fridge was dying and, instead of replacing it, wanted to wait until it went 100% kaput. Now I'm left with about $200 in spoiled food.
  • Unfortunatly danielle123 you are a nice person and though you could reason with your LL. The law says you have to complain to the local "housing officials". It comes down to your word against his. Legally there isn't a leg to stand on. If he was a decent person he would knock a couple of 100 off next months rent if you ask nicely.

    LANDLORDS' DUTY OF REPAIR

    Landlords of buildings with three or more apartments must keep the apartments and the buildings' public areas in "good repair" and clean and free of vermin, garbage or other offensive material. Landlords are required to maintain electrical, plumbing, sanitary, heating, ventilating systems and appliances landlords install, such as refrigerators and stoves in good and safe working order. Tenants should bring complaints to the attention of their local housing officials. (Multiple Dwelling Law (MDL) §78 and §80; Multiple Residence Law (MRL) §174. The MDL applies to cities with a population of 325,000 or more and the MRL applies to cities with less than 325,000 and to all towns and villages.)
  • I don't know the guy.

    If he's a good guy, he'll offer to pay something after you tell him how much you spent on the food, and how it sucks that the thing broke and spoiled your food...

    I agree, he should have fixed an obviously limping fridge before it died.

    ...but putting $200 of food into a fridge that was dying wasn't the best idea on your part. (be honest, it wasn't...) He could take the point of view that "why'd she do that! She knew it was dying".

    ...and you'd risk having him end up thinking that you are a whiny bitch. (note: I am not asserting same. I am asserting that he may assert same ...a fine difference)

    So, because
    1. I don't know his propensity to be a jerk (hopefully not, the world has enough of them)
    2. I don't know whether you are in fact a whiny bitch (hopefully not, the world has enough of them)

    I would pursue the "show him the food that spoiled. Tell him you spent about xx amount on it. Then see if he offers to take it off the rent." technique.

    I'd be ok if he split the difference with me: $100.

    No one won ...he loses $100 in cash and has to replace a dead a fridge. You lose $100 in food.

    Let us know how it goes.
  • Thanks. He's Italian and I've lived here 11 years - we discuss things in terms of fairness not in terms of what he legally owes me so that helps.

    Thanks mod.
  • P.S. That google knows puts fridge ads on right as a result of this conversation is too crepy.
  • whynot_31 wrote: I don't know the guy.

    If he's a good guy, he'll offer to pay something after you tell him how much you spent on the food, and how it sucks that the thing broke and spoiled your food...

    I agree, he should have fixed an obviously limping fridge before it died.

    ...but putting $200 of food into a fridge that was dying wasn't the best idea on your part. (be honest, it wasn't...) He could take the point of view that "why'd she do that! She knew it was dying".

    ...and you'd risk having him end up thinking that you are a whiny bitch. (note: I am not asserting same. I am asserting that he may assert same ...a fine difference)

    So, because
    1. I don't know his propensity to be a jerk (hopefully not, the world has enough of them)
    2. I don't know whether you are in fact a whiny bitch (hopefully not, the world has enough of them)

    I would pursue the "show him the food that spoiled. Tell him you spent about xx amount on it. Then see if he offers to take it off the rent." technique.

    I'd be ok if he split the difference with me: $100.

    No one won ...he loses $100 in cash and has to replace a dead a fridge. You lose $100 in food.

    Let us know how it goes.

    Look the fridge has been limping along - I could have just spent $20 on food every couple of days but it's hard to cook (or eat) when you have no groceries.

    He's not a jerk but he's Italian and can get feisty and argumentative sometimes if he gets his back up (he can also be a softy). I'm not a whiny bitch. ;-)

    That is super-creepy about the fridge ad!!
  • Those fridge ads are definitely creepy. I mean, what if the conversation turned to how best to shave a werewolf? Donkey stew? Knitting a meatloaf?

    Google me that, @$$hole!
  • It's like those ads that beam to your cellphone when you walk by or near a certain Manhattan location inviting you to save $10 at the restaurant a block away.
  • Danielle-

    I'm not an attorney, but it sounds like you have more of a leg to stand on than your landlord in this case. Sounds like he made the decision to risk your groceries, not you. Whynot tell him that you will deduct the cost of the groceries from next months rent and ask him if he wants all the receipts along with your rent check or if he'd rather come up with a compromised amount since you ate some of the groceries? In other words, assume that he does in fact owe you compensation for the spoiled groceries and that he understands this and that you are open to debate how much.
  • whynot_31 wrote: P.S. That google knows puts fridge ads on right as a result of this conversation is too crepy.
    A couple of months ago my gmail was showing me ads for digeridoos all the time. It took me forever to figure out what the association was: at the time I was sending lots of gmail chats to a friend about being sleepy - apparently digeridoo playing has some sort of positive effect on sleep apnea. Who knew?
  • He should pay you for the food you lost. There is no danger in having the old fridge there. Most likely the compressor went...and that has nothing to do with freon.
  • Toadette wrote: [quote=whynot_31]P.S. That google knows puts fridge ads on right as a result of this conversation is too crepy.
    A couple of months ago my gmail was showing me ads for digeridoos all the time. It took me forever to figure out what the association was: at the time I was sending lots of gmail chats to a friend about being sleepy - apparently digeridoo playing has some sort of positive effect on sleep apnea. Who knew?

    So did you buy a digeridoo and will you be performing in the nabe anytime soon?
  • I say we start a sex toy thread and see how google handles it.
  • Thanks Flo and Landlord.

    Update: I tried to have a conversation with my landlord this morning and he freaked out and started yelling at me and kept cutting me off when I tried to talk. The conversation got very heated and I finally told him I was going to talk to his wife. She was very nice and told me that when he is upset about something else he yells at the people around him, including her and that today he is upset about something. When I told her that he knew the fridge was dying and that he said, "I will replace it when it dies completely," she immediately said, "He should have replaced it right then." I gently mentioned the food issue but she didn't comment on it and I don't think she's on board with that.

    I may or may not push the food issue but:

    - I have lived in the apartment for 11 years and have only requested one thing in that time - that he paint 1 room whose paint was peeling off in sheets (and he bitched and moaned about it for weeks but finally did paint it - complaining, "You're lucky. You're the only tenant I've done this for.") I have 4 rooms and he has only painted that 1 room (under protest) in 11 years. He also has not replaced the rugs in that time. I know by law they are supposed to paint every 3 years and replace the rugs every so many years, as well.

    - The ceiling in the bathroom occasionally leaks. He nailed a board up on the ceiling to "contain" the leak rather than fix the ceiling. I haven't said a word but I imagine that that area is ripe for mold growth which, obviously, is dangerous, healthwise.

    - 2 of us have slipped on the stoop which is in need of repair.

    - I am going to have a conversation with both of them when everyone's calm about making some repairs and improvements (rugs/paint/fixing the bathroom ceiling). I have been reticent about doing so because I have a large, rent-stabilized apartment. However, I think I've hit the end of my rope.

    Sorry, venting...
  • good luck.... ah, the unpredictable jerk of a landlord I was afraid of.

    P.S. Stick with talking to his wife.
  • whynot_31 wrote: good luck.... ah, the unpredictable jerk of a landlord I was afraid of.

    P.S. Stick with talking to his wife.
    Good advice. Thanks for reading.
  • whynot_31 wrote: P.S. That google knows puts fridge ads on right as a result of this conversation is too crepy.
    I'm going to start a "Moose Problem" thread just to see the Google ads.
  • Smokey wrote: [quote=whynot_31]P.S. That google knows puts fridge ads on right as a result of this conversation is too crepy.
    I'm going to start a "Moose Problem" thread just to see the Google ads.

    Maybe pictures of Sarah Palin would appear...
  • Danielle-

    Just in case talking to your landlord's wife doesn't get you any progress, put your requests to him in writing. Then if he doesn't fix the problems, you have evidence that you spoke to him about the problem before calling the housing inspectors.

    Re: food--I'm not sure what the legal status might be, but keep in mind it isn't easy for your landlord to kick you out of your rent-stabilized apt and if you deducted the food money from your rent without his consent, he'd have a hard time collecting it from you anyway.

    Good luck. Hope you get the repairs that it sounds like you deserve.
  • Thanks, Flo, for the follow-up.


    For everyone's entertainment, here's the next running installment of "How the Italian Landlords Turn":

    My landlord's wife and I talked tonight and she told me how good her husband is to me. She said:

    -He lets you have space in the basement;
    -He brings up your suitcase from the basement when you go on trips (I said that's because the basement door is locked and Frank is the only one with the key);
    - He didn't have to paint the 1 room he painted. I told her that the paint was coming off in sheets and that he did have to paint it by law and she scoffed, "By law? There's no law that says we have to paint your apartment. And who can do everything required by law?"
    She then told me that Frank has worked hard all his life and is old now and can't paint anymore. She said, incredulously, "What is he going to do, pay someone to paint your apartment?? He's not going to do that." I said nothing just thinking of my large, rent-stabilized place and how I would like to keep it.
    - I also told her that Frank had "fixed" the bathroom ceiling leak by nailing a board over the leak and that there is probably mold growing there which is probably not good for my health. She got stone-faced said she had never been in my bathroom and she didn't know anything about it.
    - I didn't think she would appreciate if I brought up the lack of heat (they turn off the heat at 10:30p and turn it back on at 6:30am) as that tends to be a sore subject with my landlords so I kept mum on that.

    Anyway, she said that Frank told her to give me $100 for food replacement and she grandly took the cash out of her pocket and set it on her kitchen table between us. I thanked her for the offer, said that I appreciated the fact that she offered it and said she could keep the money. She didn't understand that. One, I did appreciate the offer and, two, I know they will throw it in my face for the rest of my days here that they "gave" me $100.

    At the end, she said, "If you have any more problems, talk to me. Everyone in this building is family, hon" and she hugged me.

    Moving forward, I am going to have to keep my mouth shut and/or hire someone to paint/make repairs (and they will freak out) and rationalize it because I pay cheap rent.
  • that's bullshit. Just because you are rent stabilized doesn't mean that they can neglect their obligations regarding heat and painting (every 3 years). You don't have to just put up with it. Get yourself over to tenant.net and learn your rights.
  • nope.

    My advice would be that she lay low until she gets a better deal.

    ...she should not make her present deal "bad" by annoying the guy.

    Danielle, you sound like you are going to start hunting for an apartment on your own anyway in the next year or so. You should make the time you'll be there pleasant.

    Consider tipping him for the holiday's. Play the game.... then move.
  • Hey Flexi, thanks for your post. I hear what you are saying and agree that it's bullshit. However, most of my career has been spent as a tenacious and relentless advocate on behalf of clients (at which I excel). However, I am making a choice between having a peaceful living environment and asserting my rights. I would rather pay out-of-pocket for peace of mind rather than have incredibly high stress at both work and home.

    BTW, I hope some see the humor above. The hugging part was like out of Sopranos Lite. ;-)
  • I hear ya on the balance. Once my previous landlord died (after I was in the apt 10 years) the asshole son tried similiar things with me....however, I wasn't rent controlled. I now pay more money for my apartment (you could argue the merits of each place - old one had 2 bedrooms, new one has 1 + private patio/yard), but the peace of mind is invaluable.

    It just pisses me off that they don't want to act decently because they think/know you are not going to fight.
  • whynot_31 wrote: nope.

    My advice would be that she lay low until she gets a better deal.

    ...she should not make her present deal "bad" by annoying the guy.

    Danielle, you sound like you are going to start hunting for an apartment on your own anyway in the next year or so. You should make the time you'll be there pleasant.

    Consider tipping him for the holiday's. Play the game.... then move.

    Agreed. However, I will probably buy my next place because I will not be able to find a better deal than what I have!
  • danielle123 wrote:
    So did you buy a digeridoo and will you be performing in the nabe anytime soon?
    If you lived near me you'd have the answer to that. :wink:


    To the OP - what a saga. I did appreciate the scene-ending hug (and imagined how I'd feel weirded out by it if i were you). And now I just remembered that I need to call my own landlord about some issues... Must mentally prepare...
  • Good luck, Toadette, with your LL issues. Please post and let us know how it goes!
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