Who is responsible for replacing a broken garage door in a rental?
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Who is responsible for replacing a broken garage door in a rental?
The electric garage door was acting erratically – going up and down on its own, etc. The landlord replaced the switch, but it was still faulty and he could not get an electrician out for a week or so. I said I would just disconnect the door and park on the driveway. He told me to open the door, turn off the switch, pull in or out, close the door and turn off the switch. Either the door didn’t open all the way or started moving even when the switch was in the off position and my van hit and broke the door while I was pulling in. My landlord said I have to pay the full $1,100 to replace it because he would not file an insurance claim for it and risk a raise in his premiums.
Asked on August 15, 2011 Illinois
Answers:
FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
From what you have written, it appears that the landlord is responsible for replacing the broken garage in the rental that you have since he initiated repairs by replacing the switch to it after he was advised of problems.
The garage door's malfunction could be a safety issue in the event of a fire preventing access into and out of the garage. As such, the garage door should be put in a position of being operable right away.
If you actually damaged the door as you were pulling into the garage with your van, it seems that you are ultimately responsible for paying for the costs of the garage door for its replacement since you caused its damage.
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