Can my landlord refuse to fix a broken appliance?
If the appliance came with the unit, your landlord is generally responsible for keeping it working. Refrigerators, stoves, and heating systems are considered essential. Dishwashers, disposals, and washers/dryers may depend on your lease and local law.
The rule is fairly straightforward: if your landlord provided the appliance as part of the unit, they're responsible for maintaining it. A broken stove or refrigerator isn't just an inconvenience — it affects your ability to live in the unit safely, which makes it a habitability issue.
Essential appliances — things you need to cook and store food safely — get stronger legal protection. A non-working refrigerator or stove is a housing code violation in most jurisdictions. Non-essential appliances like dishwashers, garbage disposals, or in-unit washers/dryers get less protection, and some leases explicitly exclude them from the landlord's repair obligations.
Put your repair request in writing. If the landlord doesn't respond within a reasonable time (typically 14-30 days, or sooner for emergencies like no heat), you may have the right to repair and deduct, withhold rent, or file a complaint with your local housing authority.
How This Works State by State
The rules vary depending on where you live. Here's how the biggest states handle it.
Under Cal. Civ. Code § 1942, California tenants can "repair and deduct" up to one month's rent when landlords fail to fix essential appliances.
Under Tex. Prop. Code § 92.052, Texas landlords must repair broken essential appliances within a reasonable time after receiving written notice.
Under NYC Admin. Code § 27-2005, broken essential appliances are housing code violations. No heat in winter is a Class C immediately hazardous violation.
Under Fla. Stat. § 83.51(2)(a), Florida landlords must maintain provided appliances. Tenants can withhold rent after 7 days written notice for non-repair.
Under Chicago RLTO § 5-12-110, tenants can repair and deduct or withhold rent if landlords fail to fix appliances within 14 days of written notice.
| State | Rule | Statute |
|---|---|---|
| California | California requires landlords to maintain all provided appliances in working order. Essential appliances (stove, fridge, heating) fall under the warranty of habitability. Tenants can use "repair and deduct" up to one month's rent. | Cal. Civ. Code § 1942 |
| Texas | Texas requires landlords to repair conditions that materially affect health or safety, which includes essential appliances. Written notice is required, and the landlord gets a reasonable time to repair. | Tex. Prop. Code § 92.052 |
| New York | New York requires landlords to maintain all appliances provided at lease signing. NYC Housing Maintenance Code makes broken essential appliances a Class C (immediately hazardous) violation in winter. | NYC Admin. Code § 27-2005 |
| Florida | Florida requires landlords to maintain working plumbing and appliances provided as part of the rental agreement. Tenants must give 7 days written notice before withholding rent. | Fla. Stat. § 83.51(2)(a) |
| Illinois | Illinois requires landlords to keep provided appliances in working order. Chicago RLTO gives tenants the right to repair and deduct or withhold rent after 14 days written notice. | Chicago RLTO § 5-12-110 |
●Frequently Asked Questions
Frequently Asked Questions
Can my landlord refuse to fix a broken appliance?
If the appliance came with the unit, your landlord is generally responsible for keeping it working. Refrigerators, stoves, and heating systems are considered essential. Dishwashers, disposals, and washers/dryers may depend on your lease and local law.
Can my landlord charge me for carpet replacement?
Your landlord can only charge you for carpet damage beyond normal wear and tear. Worn paths, minor stains from regular use, and fading are normal wear — not your responsibility. Large burns, pet damage, or deep stains from negligence are deductible.
Can my landlord charge me for painting after I move out?
Generally no — repainting between tenants is considered routine maintenance, not tenant damage. Landlords can only charge you for painting if you caused damage beyond normal wear, like crayon drawings, smoke staining, or unauthorized bold paint colors.
Can my landlord charge me for nail holes in the walls?
Small nail holes from hanging pictures are generally considered normal wear and tear and are not valid deductions. Large holes from anchors, bolts, or multiple clustered holes may be deductible as damage.
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DepositHawk is not a law firm and does not provide legal advice. Information and documents are for informational purposes only. No attorney-client relationship is created. Consult a licensed attorney for advice specific to your situation.