What to d o if I’mrenting a house and went to close the garage door and the car was actually in the way so the door did not retract, buckled and broke away from the arm?

Isn’t the garage door supposed to automatically retract? The landlord says it’s my fault and wants me to pay for a new door. I believe there is a faulty switch or something and the door should have retracted and its his fault.

Asked on November 7, 2012 under Real Estate Law, Colorado

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Whether or not it would have been bettter for the door to have the kind of a switch--and not all do, I believe--the fact is, you admit that you were careless: you write that the "car was actually in the way." Clearly, you should not have tried to close the door if the car was in the way; your negligence, or unreasonable carelessness, means that you are liable for the cost of repairing or replacing the door. (Look at it this way: whether or not a door has a safety switch, you should *never* try to close a garage door on a car.)


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