Garage door opener - repair responsibility

Garage door opener - repair responsibility

Property Manager · Scottsdale, AZ · Member since 2016 · 61 posts · 8 votes

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).

0Reply
101 views

Most Popular Reply

Agent/Investor · Murphy, TX · Member since 2013 · 542 posts · 304 votes
9y

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.

See this reply in the discussion

6 Replies

Jump to latestLatest
  • Rental Property Investor · Toronto, Ontario · Member since 2012 · 538 posts · 298 votes
    9y

    To me it is clearly it is not 'part of' the electrical system which are the wires inside the walls and the connection points to tap into it. Having said that, IF you did not explicitly list it as an appliance, the garage door opener is in a bit of a gray zone. You would probably win legally but don't think it is worth the argument.

    IF this is a good tenant that pays on time and has been in the property for some time, I would probably pay the cost of repair and get them to acknowledge (in writing) that the opener will be considered an appliance going forward. Installing even a new opener should only be a few hundred $ and certainly not worth loosing a good tenant over.

    Oren

  • Sun Prairie, WI · Member since 2013 · 150 posts · 69 votes
    9y

    I've always just repaired them for tenants.  In your list of appliances, you haven't listed the garage door opener.  To me, unless the tenant damaged it causing it to malfunction, you should simply pay it.

  • Agent/Investor · Murphy, TX · Member since 2013 · 542 posts · 304 votes
    9y

    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.

  • Rental Property Investor · Rockford, IL · Member since 2014 · 4k+ posts · 2k+ votes
    9y

    @Alik Levin,

    In addition to what the others have said, remember that this is also a safety concern. You're risking liability exposure if you don't address this promptly.

    Stop pinching pennies which could cost you $Thousands!

    Never mind whose responsibility it is, it's YOUR building! YOU are ultimately responsible. Fix it first. Then, contact your insurance agent and see if it's covered. If not, amend the policy.

  • Cumming, GA · Member since 2014 · 218 posts · 71 votes
    9y

    @Alik Levin, it is part of the structure. Also you do it , you control it (quality-wise).

     so no half-baked patches/duct taped hold by tenant's friend of a friend....

    @David Dachtera, +1,000

  • Property Manager · Scottsdale, AZ · Member since 2016 · 61 posts · 8 votes
    9y

    Dear all!

    Fantastic and timely remarks and advice.

    Cant thank you enough for the insights.

    -Alik

Join the conversationCreate a free account to reply, vote on answers and follow this thread.