Renters broke garage door, don't want to pay for it

[Unstopable2013]

I'm just wondering if anybody else has had this experience and what wisdom they can share with me. Thanks.

 

[Martin1968]

depends what was broken, how it happened, and based on that why don’t they want to pay. give us a bit more detail.

 

[Unstopable2013]

depends what was broken, how it happened, and based on that why don’t they want to pay. give us a bit more detail.

He drove into the door with his truck, breaking the wooden door in two places plus breaking a couple of the wheels from the garage door track. The garage door installer recommended replacing the door and hardware. They don't want to pay for replacement, saying that the door was an old wooden door and the new one recommended is a Amarr door, that they are calling an upgrade. The door was totally functional and fine before they broke it and I had no plans to replace it at this time.

 

[Martin1968]

Ok, so seems indeed they are at fault. A good place to start is insurance. You have to check with them if it's covered under their renters insurance. If it is, they end up paying the deductible only. If no insurance, or not covered, you move onto your insurance and see if it's covered. Same as previous you would charge them the deductible.
If the insurance route doesn't work, then you would want a quote based on repair or a quote based on a similar product. It would be fair for them to pay based on that quote and you picking up the difference for the upgrade if you decide to go with that.
In all cases you would want to give them an official invoice and a copy of the rental contract where it's says about possible damages. If they still don't pay then you would deduct from security deposit when tenants are leaving but wouldn't make to much noise about that.
In any case I would explore all the options as per above and if they are good renters otherwise, I would definetly stay on speaking terms with them and try your hardest to solve the problem with for both parties an acceptable solution.
Hope any of the solutions will work out. Good luck.

 

[Thomas Beyer]

You have cause for eviction, if you want. Otherwise fix it and charge them.


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[Matt Crowley]

Can't charge for the whole replacement if the garage door was older but you can charge for a fair amount. This isn't something for insurance.... is @Martin1968 talking about tenant's insurance? I definitely wouldn't go through my LL insurance.

What is fair? Take a look at their security deposit and see if that covers a fair amount. Easiest is to get quotes for repairs, make sure the repairman understands it is for a 100% repair so if rails require replacement, panel on garage, everything. Then compare that repair cost to the replacement cost. Evict if more trouble is in the horizon. If DD far less than adequate, then I'd probably evict and make claims for damage.

 

[Martin1968]

Can't charge for the whole replacement if the garage door was older but you can charge for a fair amount. This isn't something for insurance.... is @Martin1968 talking about tenant's insurance? I definitely wouldn't go through my LL insurance.

What is fair? Take a look at their security deposit and see if that covers a fair amount. Easiest is to get quotes for repairs, make sure the repairman understands it is for a 100% repair so if rails require replacement, panel on garage, everything. Then compare that repair cost to the replacement cost. Evict if more trouble is in the horizon. If DD far less than adequate, then I'd probably evict and make claims for damage.

Matt, Tenant insurance should have liability and content coverage. Your lease should contain a clause that tenant is responsible for having this in place and as a landlord you would ask for proof of coverage when your tenant moves in. Tenant would be responsible for any damage they cause to the property. For the rest we seem to be on the same page.

To evict a tenant without having tried to resolve the issue in a normal manner is a waste of energy and for sure is going to cost you more money. If your tenant would dispute the eviction they will win without a doubt, since you have only enforced the more expensive replacement, instead of having offered them a satisfactory solution. See Matts comments regarding this.

 

[Unstopable2013]

Ok, so seems indeed they are at fault. A good place to start is insurance. You have to check with them if it's covered under their renters insurance. If it is, they end up paying the deductible only. If no insurance, or not covered, you move onto your insurance and see if it's covered. Same as previous you would charge them the deductible.
If the insurance route doesn't work, then you would want a quote based on repair or a quote based on a similar product. It would be fair for them to pay based on that quote and you picking up the difference for the upgrade if you decide to go with that.
In all cases you would want to give them an official invoice and a copy of the rental contract where it's says about possible damages. If they still don't pay then you would deduct from security deposit when tenants are leaving but wouldn't make to much noise about that.
In any case I would explore all the options as per above and if they are good renters otherwise, I would definetly stay on speaking terms with them and try your hardest to solve the problem with for both parties an acceptable solution.
Hope any of the solutions will work out. Good luck.

 

[Unstopable2013]

Thank you so much for your advice. It was so helpful

Ok, so seems indeed they are at fault. A good place to start is insurance. You have to check with them if it's covered under their renters insurance. If it is, they end up paying the deductible only. If no insurance, or not covered, you move onto your insurance and see if it's covered. Same as previous you would charge them the deductible.
If the insurance route doesn't work, then you would want a quote based on repair or a quote based on a similar product. It would be fair for them to pay based on that quote and you picking up the difference for the upgrade if you decide to go with that.
In all cases you would want to give them an official invoice and a copy of the rental contract where it's says about possible damages. If they still don't pay then you would deduct from security deposit when tenants are leaving but wouldn't make to much noise about that.
In any case I would explore all the options as per above and if they are good renters otherwise, I would definetly stay on speaking terms with them and try your hardest to solve the problem with for both parties an acceptable solution.
Hope any of the solutions will work out. Good luck.

 

[Unstopable2013]

Thanks so much for your advice. Honestly, I never even thought about the insurance angle.

 

[Unstopable2013]

You have cause for eviction, if you want. Otherwise fix it and charge them.


Sent from my iPad using myREINspace

 

[Unstopable2013]

Thanks for your advice.