Question: Recently in my apartment the refrigerator went out andwas repaired by a repair man the manager sent over and the repairman stated that for me to write out a list of food that was lost and take to the office.this was done and I also sign the paper stating that this in fact did happen.the manager stated that under normal situation the landlord is not responsible for the food that was lost,but because the repairman stated that he would make sure I would get paid for food lost.I would have to take this up with my insurance (Renter's insurance) about $75-100 worth of groceries.The manager has offered to deduct $75 dollars off of rent for the following month,and i agreed to this. The question is am I to be responsible for food that was lost ,when the appliance came with the apartment?this is not the first time this has happen to me.should I contact my insurance company regarding this issue?
Answer: Arizona Revised Statute 33-1324 requires a landlord to put and keep premises in a fit and habitable condition including appliances. The Arizona Residential Landlord and Tenant Act does not provide for compensation for incidental damages such as spoiled food from a broken refrigerator. Unless your rental agreement states otherwise a landlord is only responsible for the mechanical condition of appliances.
October 23, 2006
Legal Services Corporation