Who is responsible to pay for paying for a garage doorrepair, landlord or tenant?

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Who is responsible to pay for paying for a garage doorrepair, landlord or tenant?

I’m living in a house on a month-to-month basis. Recently, the garage door broke and stuck and not moving. It was shaking a lot before it got stuck. It is possibly a 10 year or older garage door. Now, who is responsible to pay for fixing the door? 

Asked on July 30, 2010 under Real Estate Law, Michigan

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

You have no written lease, correct?  Did you at one point?  What did it say about repairs?  If you had an oral lease for the tenancy did you discuss this?  Generally, any structural repairs or repairs to the building such as water, electric, etc., are a landlords unless he or she delegates that duty to the tenant under the lease.  There has to be some "consideration" for the delegation of duties.

If the door is standing in the way of your ability to use the full premises under your rental agreement then you may be able to fix it and deduct the amount from the rent.  Send you landlord a letter indicting that the repair needs to be made and that the door as it is interferes with your ability to fully use and enjoy our rental property. See if that moves him or her.  Otherwise you can ask the court for help or if you fix and deduct, the landlord may take you to court for the rest of the money anyway. Good luck.  


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