Garage door opener - repair responsibility

[Alik Levin]

Dear all!

I am using BP's Annual Lease Agreement with excerpts down below for reference. A tenant texted me property's garage door won't open and she asks when someone will come to fix it. Before I engage back w/her I would like to pick your brain who's responsibility it is. The lease states as a landlord I am responsible for big ticket items including specifically electrical systems, yet appliances are as is and responsibility of the renter. Where does the garage opener fall - is it electrical system or appliance? My call is that's furnishing/appliance and should be of the renter's responsibility. What's yours? BTW it worked fine since she moved in.

Thank you much in advance.

-Alik

From Annual Lease Agreement:

FURNISHINGS AND APPLIANCES:The following appliances are supplied with the Premises: ( )Refrigerator ( )Stove, ( ) Dishwasher ( ) Other: _______________________________________. Tenant agrees to keep all such appliances clean and in good repair. Supplied appliances may not be removed. The following furnishings are supplied with the Premises _____________________________________________________. If any furnishings break or are damaged, they are Tenant’s responsibility. Maintenance of the furnishings is Tenant’s sole responsibility, and Tenant will keep all such furnishings in good repair. Tenant’s use of such furnishings shall be “AS-IS”, and Landlord has not made, does not make and hereby disclaims any representations or warranties (including, withoutl imitation, any warranty of merchantability or fitness for a particular purpose) as to the existence of or physical condition of the furnishings or the suitability or usefulness of the furnishings for Tenant’s intended use.

MAINTENANCE: Landlord agrees to maintain the structure, roof and foundation of the Premises, and the heating, plumbing and electrical systems of the Premises unless the repairs needed are a result of any act or omission of Tenant (excluding normal wear and tear). In such case that the damage is a result of the act or omission of Tenant, Tenant will be billed for the repair. Landlord will carry out all required repairs in as reasonable time as possible in accordance to applicable laws, but will not be liable to Tenant for any disruptions or inconvenience to Tenant or any claim that the Premises is uninhabitable (except to the extent of any non-waivable warranty of habitability provided by applicable laws).

[Todd Plambeck]

Garage door/opener are permanent fixtures and become part of the structure, so I would say you are responsible.  Unless they knocked the sensors out of alignment not much else they could do to it that would be their fault.