Rental Property Investor · Oxnard, CA · Member since 2018 · 13 posts · 6 votes
The power went out at my rental property and apparently the tenant had the garage door partially up. They tried to manually close it using the emergency release handle but somehow snapped the lifting cable. I’ve seen both arguments in a google search, so who’s responsible for paying the repairs?
Richmond, VA · Member since 2019 · 356 posts · 180 votes
1y
In this type of situation, the landlord is usually responsible for covering the costs of the garage door repair. Even though the tenant tried to close the door manually during the power outage, it's difficult to know for sure if the lifting cable was already weakened from regular use over time.
Unless there's clear proof of negligence by the tenant, the landlord generally holds the responsibility for repairs.
Information regarding the age of the garage door and whether the tenant has caused similar maintenance issues in the past could be helpful in determining responsibility.
My recommendation would be to inform the tenant that you will handle the repair this time and make a note of the incident for future reference.
Right to the attorney answer, sorry - it depends. As a general rule across the country, the landlord is responsible for maintaining habitable conditions, i.e. it's your (landlords) job to make the home livable. Usually this will include the basic needs, such as water, air, plumbing, etc. Had the handle broken due to normal wear and tear, this would pretty clearly be your responsibility to maintain and fix. That being said, tenants are generally responsible for things they have installed or for damages that they have caused, whether by negligence or on purpose. In the case above you are in a bit of a grey area, but if you were able to prove that the cable was in good shape and that the cause of the issues was based on their actions alone, you would have a pretty solid case that the tenant is at fault and needs to pay. Please note there are two other factors that should come into play with analysis of this sort - 1) the lease agreement and any specific terms that may guide this particular lease/property; and 2) the state/county rules with regards to tenant rights and responsibilities. CA especially is known to be complicated and different than the ordinary, with pretty strong tenant rights tendencies. Your best bet is to connect with a local attorney that specializes in this matter, if the value of the repair warrants such investigation.
Note: This information is for educational and informational purposes only and does not constitute legal, tax, financial, or investment advice. No attorney-client, fiduciary, or professional relationship is established through this communication.
Rental Property Investor · Memphis, TN · Member since 2022 · 48 posts · 43 votes
1y
Yes to everything Jason said. I would start by reviewing the relevant terms of your Lease Agreement. This is definitely a gray area - but the language of your lease might provide some clarity.
Richmond, VA · Member since 2019 · 356 posts · 180 votes
1y
In this type of situation, the landlord is usually responsible for covering the costs of the garage door repair. Even though the tenant tried to close the door manually during the power outage, it's difficult to know for sure if the lifting cable was already weakened from regular use over time.
Unless there's clear proof of negligence by the tenant, the landlord generally holds the responsibility for repairs.
Information regarding the age of the garage door and whether the tenant has caused similar maintenance issues in the past could be helpful in determining responsibility.
My recommendation would be to inform the tenant that you will handle the repair this time and make a note of the incident for future reference.
Why are they leaving the door partially open and why did they need to close it? Most power outages are short. Give them the benefit of the doubt that they tried to close it properly and pay for the repair. If it happens again, you know the parts are new and they pay.
The power went out at my rental property and apparently the tenant had the garage door partially up. They tried to manually close it using the emergency release handle but somehow snapped the lifting cable. I’ve seen both arguments in a google search, so who’s responsible for paying the repairs?
If it was my rental - I would cover that cost.
Some other things some people may consider: - how old is the garage door? If its a new home thats one thing but if its 10-20-30 years old completely different story.