QUESTION
Should I pay for the replacement of a damaged garage door?
Asked on Apr 22nd, 2013 on Residential Real Estate - Nevada
More details to this question:
We rented this home for about 3 years. My son left a rack next to the track of the garage door. When the door was being closed the rack fell in the track of the door. The door had excessive damage done to it because the door openers reverse mode clutch was not working properly. So instead of the door hitting the rack and then stopping and going into reverse mode like it should have. The door kept closing causing panels and the track to be damaged beyond repair. Now the owner states that the door was damaged by the previous renter and he repaired it himself. My issue is that if it was repaired by the previous renter, he did not repair it correctly and that is up to the home owner to make sure the work was completed correctly. I can see paying partly for this but not the whole amount? What do you think my legal options are at this point? My security deposit is about 1600.00 dollars. the cost of the door is about 1200.00. can I use that to pay for the door?
1 ANSWER
R. Christopher Reade
The question will come down to two (2) factors: (1) what does your lease state regarding allocation of maintenance and repair obligations between Landlord and Tenant; and (2) whether your son was negligent and caused the damage to the garage door. The impediment for the Landlord and you is that the amount in controversy is only $1,200, which is below your security deposit. You should talk with the Landlord and seek to settle the issues before it becomes prohibitively expensive for both of you.
Answered on Apr 23rd, 2013 at 3:48 PM