We rent a property and the garage door got damaged

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Old Jan 22nd, 2011, 10:08 PM   #1
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Confused We rent a property and the garage door got damaged

We rent a property in MN, and the garage door got damaged. 3 of the 4 panels are damaged. The door is 10+++ years old and the property manager is trying to get us to pay for a new door, let him decide if he wants a upgraded door who he wants to go with at out expense (except the cost of upgraded door). They got a quote and I'm having someone give me a quote. I also contacted someone I know who is license, bonded and ins who will get a used comparable garage door to put up for a fiction of the cost. What are our rights?
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Old Jan 23rd, 2011, 09:19 AM   #2
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I wish to inform you that the tenant is liable in MN for the damage caused to the premises. In this regard the damage caused can be charged to tenants. The damage caused will be the real loss and not cost of new garage. Landlord-Tenant Laws of Minnesota, Section 504 provides about damages and provides tenant liability in this case. However the landlord cannot earn profit by informing high quotation to you.

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Old Jan 23rd, 2011, 10:24 AM   #3
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Confused Re: We rent a property and the garage door got damaged

So do they have a right to pick who they want to do the garage door work? Or can I just pick as long as it's a comparable door? I'm willing to pay for the door just not a new door.
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Old Jan 23rd, 2011, 11:07 AM   #4
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We rent a property in MN, and the garage door got damaged. 3 of the 4 panels are damaged. The door is 10+++ years old and the property manager is trying to get us to pay for a new door, let him decide if he wants a upgraded door who he wants to go with at out expense (except the cost of upgraded door). They got a quote and I'm having someone give me a quote. I also contacted someone I know who is license, bonded and ins who will get a used comparable garage door to put up for a fiction of the cost. What are our rights?
How did the garage door get damaged? Who damaged it? I'm assuming you or you wouldn't have worded it that way.

Do you mean fraction of the cost? Fiction means "fantasy, a made up story".

Your rights? Your rights are to pay for a new garage door if you damaged it.
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Old Jan 23rd, 2011, 11:46 AM   #5
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Confused Re: We rent a property and the garage door got damaged

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How did the garage door get damaged? Who damaged it? I'm assuming you or you wouldn't have worded it that way.

Do you mean fraction of the cost? Fiction means "fantasy, a made up story".

Your rights? Your rights are to pay for a new garage door if you damaged it.
We don't know who damaged the garage door. We are past the point of wondering who. We are agreeing to pay for another door, however I don't think it's fair we pay for a new door from whoever he wants for a 10++ year old door. I can get him a comparable used door and have a licensed contractor put it up. Or Iím also willing to get him a new door comparable to what he had and have a licensed contractor put it up. Not just let him pick whatever high price company he wants to go with.
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Old Jan 23rd, 2011, 01:38 PM   #6
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We don't know who damaged the garage door. We are past the point of wondering who. We are agreeing to pay for another door, however I don't think it's fair we pay for a new door from whoever he wants for a 10++ year old door. I can get him a comparable used door and have a licensed contractor put it up. Or Iím also willing to get him a new door comparable to what he had and have a licensed contractor put it up. Not just let him pick whatever high price company he wants to go with.
If it was damaged while you were the tenant, it's your responsibility to fix it.

It really doesn't matter what you are 'willing' to pay for. The landlord has the right to use whomever he chooses for both a contractor and a sales place for buying and replacing the door.

You don't get to choose who fixes it, how, or for how much. It's not in your control to "let him pick" whatever price (high or otherwise) company he wants to go with. That is his legal right. Not yours.
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Old Jan 23rd, 2011, 06:47 PM   #7
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Default Re: We rent a property and the garage door got damaged

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If it was damaged while you were the tenant, it's your responsibility to fix it.

It really doesn't matter what you are 'willing' to pay for. The landlord has the right to use whomever he chooses for both a contractor and a sales place for buying and replacing the door.

You don't get to choose who fixes it, how, or for how much. It's not in your control to "let him pick" whatever price (high or otherwise) company he wants to go with. That is his legal right. Not yours.
HOLD UP.

The LL can certainly choose what he pays for replacing the door, and who does the replacement. Cost really isn't a factor for LL because they anticipate charging the cost back to the tenant.

HOWEVER...

The tenant is only responsible for the DEPRECIATED VALUE of the original garage door. If it was 10 years old, it's got to have some wear and tear, and the tenant certainly should NOT have to pay for that. (Normal wear and tear falls under maintenance, and within the liability of the LL.) That means whatever the DEPRECIATED VALUE is of the old door is the amount towards the BRAND NEW door that the tenants should be liable for. NOT the entire cost of replacing the door.

Now the question is, what kind of depreciation would one apply to a 10 year old garage door? I know things like cars, appliances, furniture, even paint and carpet, have reasonable standards for depreciation. But does anyone know what the depreciation rate might be for this?
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Old Jan 24th, 2011, 07:01 AM   #8
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HOLD UP.

The LL can certainly choose what he pays for replacing the door, and who does the replacement. Cost really isn't a factor for LL because they anticipate charging the cost back to the tenant.

HOWEVER...

The tenant is only responsible for the DEPRECIATED VALUE of the original garage door. If it was 10 years old, it's got to have some wear and tear, and the tenant certainly should NOT have to pay for that. (Normal wear and tear falls under maintenance, and within the liability of the LL.) That means whatever the DEPRECIATED VALUE is of the old door is the amount towards the BRAND NEW door that the tenants should be liable for. NOT the entire cost of replacing the door.

Now the question is, what kind of depreciation would one apply to a 10 year old garage door? I know things like cars, appliances, furniture, even paint and carpet, have reasonable standards for depreciation. But does anyone know what the depreciation rate might be for this?
If the tenant damaged it, they are responsible for paying for a new one, regardless of cost. Not depreciated value. It wasn't "worn and torn". It was damaged. Big difference.
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Old Jan 24th, 2011, 01:42 PM   #9
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If the tenant damaged it, they are responsible for paying for a new one, regardless of cost. Not depreciated value. It wasn't "worn and torn". It was damaged. Big difference.
We didn't damage the door nor did any of our guest. We don't know how it happened. The door is worn and torn and very used. It's a 10++ year old garage door that looks like it was used when it was installed do to the other holes in the door. I'm trying to be fair in the situation because we understand it "was not like that". The track in not damaged nor are the wheels, however the wheels and the track have a lot of wear and tear that's the LL responsibility for maintaining that has not been maintained. I don't owe him a new door with a 15 year warranty. That is not "comparable".

If they come back with a quote for a used door or a scratch and dent door then that may be fair.
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Old Jan 24th, 2011, 02:47 PM   #10
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We didn't damage the door nor did any of our guest. We don't know how it happened. The door is worn and torn and very used. It's a 10++ year old garage door that looks like it was used when it was installed do to the other holes in the door. I'm trying to be fair in the situation because we understand it "was not like that". The track in not damaged nor are the wheels, however the wheels and the track have a lot of wear and tear that's the LL responsibility for maintaining that has not been maintained. I don't owe him a new door with a 15 year warranty. That is not "comparable".

If they come back with a quote for a used door or a scratch and dent door then that may be fair.
One more time, if the door became damaged under your tenancy you are responsible for fixing that damage. It's not a viable excuse to say you don't know how it got damaged. If it was damaged when you moved in, you should have pointed that out to the landlord and had him acknowledge it was already damaged before you took tenancy.

You can keep coming back here and arguing your position, but you are responsible for fixing or replacing the damaged door if it was damaged during your possession of it. Period.

Argue to a judge, because if you don't pay to have it fixed or replaced, that is where this case is headed.
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