Landlord liability for spoiled food in rental properties

Legal experts from ARAG have provided guidance regarding liability for spoiled food in rental properties. The determination of whether a landlord or a tenant is responsible for damages depends primarily on the cause of the disruption and the ownership of the appliances involved.

Landlords are generally required to maintain a rental property in a contractually agreed condition. This includes the functionality of any appliances that are explicitly part of the rental agreement, such as a built-in kitchen or a refrigerator. If a rented appliance fails, it may constitute a rental defect. In such cases, tenants should report the defect to the landlord immediately to allow for repairs, which may lead to claims for damages if the landlord is found to be at fault.

Conversely, if the appliance, such as a refrigerator, belongs to the tenant, the tenant typically bears the risk of technical defects and the resulting loss of food. Liability for the landlord is also complicated by external factors like general power outages or damages caused by the tenant themselves.