The legality of a landlord removing a microwave oven from an apartment rental agreement would depend on the terms and conditions outlined in the lease agreement and the local tenant-landlord laws that apply in the specific jurisdiction. Here are a few points to consider:
Lease Agreement: The lease agreement is a legally binding contract that governs the terms of the rental arrangement. If the lease explicitly includes the provision that the apartment comes furnished with a microwave oven, the landlord generally cannot remove it during the lease term without the tenant's consent. Removing a promised amenity without a valid reason could be considered a breach of contract.
Local Laws: Some jurisdictions may have specific laws or regulations regarding rental property amenities and the obligations of landlords to maintain provided appliances. These laws can vary significantly from one location to another. In some places, landlords may be required to maintain appliances that were initially included as part of the rental unit.
Reasonable Maintenance: If the microwave oven becomes non-functional and needs repair or replacement due to regular wear and tear, the landlord is typically responsible for fixing or replacing it. However, if the microwave is damaged due to tenant negligence or misuse, the tenant may be held responsible for the repair or replacement costs.
Communication: Proper communication between the landlord and tenant is essential. If the landlord intends to remove or replace an appliance, they should discuss it with the tenant beforehand and make any necessary amendments to the lease agreement with mutual consent.
Security Deposit: If the microwave is removed due to damage beyond normal wear and tear and the tenant's security deposit is used to cover the cost of repair or replacement, the landlord should provide an itemized list of deductions as required by law.
To ensure accurate information about your specific situation, it is crucial to review the lease agreement and consult with local tenant-landlord laws or seek advice from a legal professional who is knowledgeable about rental laws in your area.