My garage fell off the tracks and the middle hinge had ripped off during a routine open and close. Nothing was near the tracks, nor did we have any issues prior to this.

I sent photos of the damage to the landlord to which he replied that we would be fully financially responsible since this level of damage should never happen if we were using the garage door as it was intended. I called a contractor that evening to help us bring the door back down and upon inspection, the contractor said the damage was most likely due to uneven springs/cables and a motor that was set too high (9). I told the landlord what the contractor had said and after visiting the property a few days later, he changed his position to say we were 50% financially responsible for the damage. His reason being that garage door maintenance ("spraying the tracks with WD40" which I learned you should NEVER do) is considered regular property maintenance and because we did not do that, some of the liability will be on us.

We were tired of the back and forth and so offered to pay for the cheaper repair option with his approval. He approved but it seems like he is insisting that all liability and responsible for the garage door is now on us present and future.

I wanted to see what your thoughts were on this issue and if you had any advice to protect ourselves from any liability that may occur in the future.

Here is the Maintenance Use and Reporting section of the lease. Thank so much in advance. Any help would be greatly appreciated as this has really been a surprising and stressful few weeks.

MAINTENANCE USE AND REPORTING:

A. Tenant shall properly use, operate and safeguard Premises, including if applicable, any landscaping, furniture, furnishings, and appliances, and all mechanical, electrical, has and plumbing fixtures, carbon monoxide detector(s) and smoke alarms, and keep them and the Premises clean, sanitary and well ventilated. Tenant shall be responsible for any additional phone lines beyond the one line and jack that Housing Provider shall provide and maintain. Tenant shall replace any burned out or malfunctioning light bulbs. Tenant shall immediately notify Housing Provider, in writing, of any problem, malfunction or damage with any item including carbon monoxide detector(s) and smoke alarms on the property. Tenant shall be charged for all repairs or replacements caused by Tenant, pets, guests or licensees of Tenant, excluding ordinary wear and tear. Tenant shall be charged for all damage to Premises as a result of failure to report a problem in a timely manner. Tenant shall be charged for repair of drain blockages or stoppages, unless caused by defective plumbing parts or tree roots invading sewer lines.

(there are a few more sections but none are related to garage or appliances)

Los Angeles County, California

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