Anonymous
Anonymous asked in Business & FinanceRenting & Real Estate · 5 months ago

Someone tried to pry open the garage door at my apartment. They didn't get in, but the door needs replaced. The landlord wants me to pay?

I told him that I'm not responsible for crimes committed by people walking down the alley, but he insists. I told him to file a claim with his insurance, but he refuses. In the meantime, I'm unable to open or close the garage and can't use it. I pay an extra $100/month for the garage. Can I stop paying the $100/month until he repairs the door?

If he wants me to pay for the repairs though, I insist we go to court because that is entirely unfair.

19 Answers

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  • Anonymous
    5 months ago

    Be prepared for your rent to be raised over you making a big issue over this. If you want to keep the garage you should repair it. If the landlord repairs it he/she will just raise your rent. Pick your battles wisely, you are never going to win against a landlord. In the end, they always win. The landlord can just tell you that you no longer have a garage & keep your rent what it is now. Be careful & go about this with caution. Don't say you weren't warned.

  • 5 months ago

    Dig out your Rental Agreement/Lease. Look on the back, of the document, for the name and address of the property OWNER - write them a letter of complaint. If the property OWNER'S name and address is not on the document.....go to your nearest county court house, to the Assessors Office. Give them your STREET ADDRESS and they will give you the name and address of the property OWNER....write them a letter of complaint.

    • Nuff Sed
      Lv 7
      5 months agoReport

      I have rarely rented any apartment from a "landlord" who is not also the "owner".

  • Kate
    Lv 7
    5 months ago

    If you have a Police Report then his insurance should cover the repairs.

  • 5 months ago

    Did you get a police report for the attempted break-in? Without one, it's your word against his that you didn't cause the damage.

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  • Anonymous
    5 months ago

    in most states, you can't just stop paying. in some, after following a specific legal procedure, you can with hold rent pending repairs.

    you fail to mention the police report.

    is there any claim that you tried to pry it open?

    your renters insurance might fight for you, but the claim is so low they might not bother.

    make written notification, if landlord continues to refuse to fix it, follow state law to force repair.

    • SimplytheFACTS
      Lv 7
      5 months agoReport

      i would not be confident that MOST states allow repair and deduct...some do and some only for habitability issues.

  • 5 months ago

    First: File a Police report ASAP. Every detail matters no matter how big or small. A police report will add to your documentation/evidence if you go to trial. (hopefully you don't let it get to that point)

    Make clean copies of the report. keep the original in a plastic page protector sheet in a 3 ring binder.

    Keep a copy [of the report] for the case, the landlord, the courts and your possible attorney.

    Next, write a FORMAL respectful letter [again keep copies of everything!] to your landlord. If you need help writing the letter, you can email me and I will be glad to help you. The letter should kindly state that your garage was damaged through no fault of your own, that you have taken the steps to take action against the possible criminal/crime, give him a copy of the police report with the letter, and request that you guys please work things out, before things escalate, TRUST ME YOU DON'T WANT TO BE EVICTED OVER A $100 GARAGE, YOU WILL LOSE AND END UP LIVING IN SOMEONE'S GARAGE IF YOU DON'T ACT ACCORDINGLY.

  • 5 months ago

    You tell your landlord that if he does not repair the garage door that you're going to withhold rent and file legally to withhold rent. It is not your responsibility to repair things that have been damaged. Due to outside conditions theft or casualty that's for his insurance. you can in the meantime file a complaint against his business license and if he doesn't have one that's all the better the city will be on his butt. Contact a lawyer most of them offer free consultations.

    • Nuff Sed
      Lv 7
      5 months agoReport

      In at least some cities a landlord needs a license to operate a rental business.

  • steve
    Lv 6
    5 months ago

    Sorry I don't know the laws in USA but in UK if you live in rented accommodation and something like this happens it is the landlords responsibility.

    That would be especially so if you are paying them for a facility you can no longer use because of a third party.

    In UK I have often lived in rented homes and if something like this happened I would have signed a tenancy agreement so would say while the facility (the Garage) is unusable, then I am not paying for it.

    If the landlord wanted me to keep paying for the garage he would have to get it repaired so I could do so. Otherwise he ain't getting paid for my use of it and there would be nothing they could do about it.

    As I say I do not know the law where you live but that is how it works here.

    • Nuff Sed
      Lv 7
      5 months agoReport

      That's how we did it in Italy. You would even need to bring your water heater and kitchen sink, not just kitchen cabinets. Some places didn't even have light fixtures: you would bring your own and connect them to the wiring sticking out of the walls and ceilings.

  • 5 months ago

    In my state, withholding the ent is grounds for eviction.

    Btw, read your lease. You probably agreed to return it in the same condition except for ordinary wear and tear. I have never seen a lease that said you must only pay for damage that you caused. I hope you have renters insurance

    • Nuff Sed
      Lv 7
      5 months agoReport

      "Renters" cannot generally get insurance for damage to someone else's property unless the renter is the one who caused the damage.

  • 5 months ago

    Yeah this sucks because the damage is (legally) on you, despite how unfair it seems. If you had renters insurance you would be covered. If you go to court over this you will have to pay for the damages and the filing fees costing you even more. Sorry.

    • No
      Lv 6
      5 months agoReport

      Or better yet, if a drunk driver drove through the wall, would the tenant be liable? What about if there were a flood or hurricane? If tenants were responsible renters insurance would need to cover the structure, it doesn't.

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