In furnished rentals, the landlord must provide a dwelling equipped in good condition and functioning order. The refrigerator is among the mandatory equipment listed by the decree of July 31, 2015. When it breaks down, the question of replacement or repair regularly pits tenants against landlords, due to a lack of clearly defined rules at the time of signing the lease.
Depreciation Schedule and Appliances: The Framework Often Ignored by Leases
Most disputes surrounding a broken fridge in a furnished rental arise from ambiguity regarding the actual condition of the appliance at the time of moving in. The inventory generally mentions the presence of the refrigerator, sometimes its brand, but rarely its age or detailed working condition.
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Depreciation schedules, distributed by professional federations and sometimes attached to leases, establish a theoretical lifespan for each piece of equipment. A refrigerator whose conventional lifespan has expired is the landlord’s responsibility for replacement, with no discussion possible regarding tenant fault.
These schedules remain optional. Their absence in the contract leaves room for divergent interpretations. A landlord may believe that the appliance still had several years of life left, while the tenant notes a breakdown due to normal wear and tear.
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Attaching a depreciation schedule to the lease at the time of signing, including a complete list of the appliances provided with purchase dates or estimated ages, reduces such disagreements. It is a simple document to produce, and its absence is the primary cause of disputes in the event of a breakdown.
Obligation to Replace the Refrigerator: What the 1989 Law States
The landlord is required to deliver a decent dwelling and maintain the equipment mentioned in the lease in working order. This obligation arises from the law of July 6, 1989. In furnished rentals, the 2015 decree specifies the minimum list of furniture and equipment, including the refrigerator.
Repair or Replacement: The Line Between Routine Maintenance and Depreciation
Routine maintenance (cleaning seals, defrosting, replacing an internal bulb) remains the tenant’s responsibility. However, any breakdown related to normal wear and tear or a technical defect falls under the landlord’s responsibility.
The distinction depends on the nature of the breakdown:
- A compressor that fails after several years of normal use constitutes depreciation, attributable to the owner.
- A thermostat damaged by improper handling by the tenant makes the tenant responsible.
- An appliance that has never functioned correctly since moving in is a case of non-compliance with delivery standards.
Some leases include clauses transferring the responsibility for replacing appliances to the tenant. These clauses are largely unenforceable against the tenant when they contradict the legal obligation to provide a decent and well-maintained dwelling. Despite this, they appear in many standard contracts and fuel disputes.
Documenting the Breakdown to Avoid Disputes Between Tenant and Landlord
Breakdowns rarely occur at convenient times. The tenant reports the issue by phone or message, the landlord delays in responding, and the situation escalates into a conflict over financial responsibility.
Good Practices for Tenants
Report the breakdown in writing (email or registered letter) describing the symptoms and attaching photos. If a technician intervenes, keep the invoice or estimate, even if the repair proves impossible. This document proves the nature of the breakdown and distinguishes depreciation from misuse.
Good Practices for Landlords
Respond in writing within a reasonable timeframe. Have a repair technician of their choice intervene to obtain an objective diagnosis. If replacement is necessary, keeping the invoice for the new appliance establishes the starting point for a new depreciation period for the next exit inventory.
The ideal situation is to include a clause in the lease describing the reporting procedure (timeframe, written form, professional intervention) and the terms of coverage based on the cause of the breakdown. This type of contractual clause, unlike those transferring responsibility to the tenant, is perfectly lawful.
Home Insurance and Appliance Breakdown: An Overlooked Relationship
The question “who pays for the appliance?” often overshadows a second aspect: insurance coverage. For tenants, a multi-risk home insurance policy may cover damages caused by the breakdown (water damage due to a refrigerator leak, spoilage of food). For landlords, non-occupying owner insurance may include coverage for the provided furniture.
In practice, few insurance contracts cover the replacement of a worn-out appliance. They mainly address the consequences of the breakdown (loss, collateral damage). Checking the coverage before signing the lease and attaching a summary of respective coverages to the contract allows for anticipating financial distribution in case of issues.
A tenant who suffers real damage (food loss, inability to store refrigerated medications) can also hold the landlord liable if the landlord has not replaced the appliance within a reasonable time after reporting. This indemnity aspect goes beyond the simple cost of the appliance and justifies rigorous documentation of every exchange.
A well-drafted furnished lease treats appliance breakdowns as a predictable scenario, not a surprise. Attached depreciation schedule, detailed inventory with appliance ages, procedure clause in case of breakdown, cross-checking of insurances: these four elements, gathered at the time of signing, transform a recurring conflict issue into a simple administrative formality.