All Forum Posts by: Peter Lee

 That's what we're sensing as well. And this whole experience showed us what type of person we're working with. Frankly, we're worried about what they might try to pull at the end of the lease with our deposit. We'll definitely see if there are any tenant rights groups that may be able to help us out. Thank you!

 Unfortunately, it seems like we just got a bad LL. I spoke with the neighbors and broker (who listed this property) and it seems like they are notorious for being cheap and difficult to work with.

Thank you for your input. The issue isn't the repair itself, although the landlord's suggestion WAS that we replace the whole door which I was not willing to pay for ($3,000). I'm concerned that by offering to pay for the minor repair option, I am suddenly on the hook for ANY and ALL damages that may come after which could result in thousands of dollars. Just trying to see what my rights are as a tenant and how to protect myself.

 Thank you for your input. I don't have any problem paying for the repairs since I don't think the LL will be doing it any time soon. However, I am worried that because I am the one taking the initiative on the repairs, suddenly all liability of the garage will be on me. It seems like the LL is deferring, present and future, liability of the garage on us by saying he won't be available during the repairs to make sure they are done up to standard (we haven't even scheduled what day the repair will be done), we are free to listen or ignore all of the contractor's advice/opinions, and we are responsible for making sure the garage is in working order. 

Despite the LL implying we are fully liable for the garage, the lease should protect us, right? I do not believe the lease states anything about the tenant being responsible for the maintenance nor would they be responsible for major repairs on the property.

I just don't want to put myself in a position where if the garage door were to fail again after the repairs, the landlord points fingers at me for not repairing the door correctly and not conducting proper maintenance.

Aloha!

I've been a tenant for about 5 months. Yes, the contractor wrote a professional assessment of the damage. And by "talking" I meant mostly through email and text so I have a record of everything we spoke about.

I do not know how often the PM or Owner inspects the property or how thoroughly it is inspected. There hasn't been any issues that I was aware of with the door prior to it failing. A condition form was completed prior to moving in but I did not include anything about the garage door as it looked and operated fine when we signed the lease. The LL was notified immediately after the garage door issue via phone and text. Nothing was reported regarding the garage door prior to the incident as it was seemingly working fine.
 

Hi all - I am interested in hearing your opinion on a garage issue I've been dealing with the past few of weeks.

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)