Who is responsible for replacing a broken garage door in a rental?

Get Legal Help Today

 Secured with SHA-256 Encryption

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 9 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.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption