Tenant Negigence??? : ezLandlordForms

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Tenant Negigence???

Jessica S

started a topic over 9 years ago

Our tenant ran into the garage door causing a dent in 2 of the panels. I have it in writing that she ran into it. We discussed the repairs and I reiterated our lease that says that the landlords are responsible for all repairs and that I would take care of it when I got back from a trip (the door was functional). Then one day a couple of weeks after we returned home from our trip the tenant called and asked for the paint information for the garage door stating that they had replaced it. It was originally the same color as the house. Upon further review of the lease which says "Landlord shall be responsible for repairs in or about the Leased Premises unless caused by the negligence of the Tenant. Tenant will be responsible for any repairs caused by his/her negligence." I am confused. Were they within their rights to replace the garage door without our consent? Can we stop them from painting it? And then have it professionally painted and pass the charge on to the tenant? Can we have the garage door inspected at the Tenants expense to make sure the installation was done properly and the materials used were appropriate etc.? Thanks for any help you can give.

1 Comment

Grace H

said over 9 years ago

It sounds as though they repaired it because they caused the damage. Did the lease cover anything regarding inspection after tenant makes repairs? This is what the law states " the agreement for repairs by the tenant is either underlined or printed in boldface in the lease or in a separate written addendum; (C) the agreement is specific and clear; and (D) the agreement is made knowingly, voluntarily, and for consideration. (f) A landlord and tenant may agree that, except for those conditions caused by the negligence of the landlord, the tenant has the duty to pay for repair of the following conditions that may occur during the lease term or a renewal or extension: (1) damage from wastewater stoppages caused by foreign or improper objects in lines that exclusively serve the tenant's dwelling; (2) damage to doors, windows, or screens; and (3) damage from windows or doors left open."