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How to determine return of security deposit?
Landlord offers property with 2 garage doors, neither having an automatic opener. Tenant agrees to rent property. On move in day tenant offers to purchase 2 electric garage door openers, & install them if the landlord will pay for 1. One year later tenants move & landlord inspects property. At that time landlord notices that openers were not installed correctly & 1 garage door spring is broken. Is the landlord entitled to charge tenants for all the cost of correcting all the mistakes made to the installation process? Replace missing bolts, tightening the chains, lowering the motor position, & reprogramming the remotes so both doors don't open with each click. Also, the garage door spring is of unknown age, would it be fair to charge the tenants for the cost of replacement, split the fee, or no charge?
5 Answers
- ca_surveyorLv 79 years agoFavorite Answer
You did not say if the landlord AGREED to the installation and paid for the single unit. Lets assume he did.
They units then become the property of the landlord. Did he inspect the installation at the time? If so then he accepted it. Case closed in so far as the installtion issue goes. If he needs to change it now it is out of his pocket.
They were new when installed and should be working perfectly on move out.
If at this time he determines that the installation was faulty (and he had made no prior inspection, taking it on good faith that you had done a proper job) then you owe him for the correction. Doing it wrong and not having it noticed for a while does not grant you absolution from having done it wrong.
The re-programming, however, is on his nickle. He would have to reprogram the codes anyway, just like he should be changing the keys to the unit.. its a cost and a function of doing business.
If the installation used the existing garage springs then those are also on his nickle since wear and tear is part of what your rent covers. Only if he can demonstrate that the faulty installation put undue tension on the springs or something similar is he entitled to charge for them.. (but hey. they are only about $10 anyway at many hardware stores !!)
That's my take on it...
- A HunchLv 79 years ago
Yes, the landlord is entitled to ALL COSTS associated with fixing the garage door.
By you installing the equipment, it was implied that you would do it correctly and it would be available to the next tenant. You would not get any payment for this, just the chance to use it while you were there. It's now been determined, you had no clue what you were doing and the landlord is able to make himself "whole" meaning correcting the problems that you created at your cost.
- Anonymous9 years ago
I don't think the landlord should charge the tenants.
The landlord could have and should have inspected the installation as soon as the openers were installed. If they were installed wrong and caused damage its the landlord's fault for not catching the mistakes sooner.
If I was the tenant in that situation I would file a small claims lawsuit against the landlord if he tried to withhold deposit.
If I was the landlord, I would count it as a lesson on why you shouldn't authorize tenants to make improvements or you should inspect the improvements as soon as they are completed.
- kirtseyLv 44 years ago
The jerk is familiar with you're out of state so he's being a creep. CA regulation says he has 30 days to furnish you your deposit OR an in intensity record as to why. CA additionally says that if the carpet is extra effective than 3 years previous, he would be unable to cost you to change it. you ought to continually insist on the two a pre-pass and submit-pass walk by AND document it with photos. I many times take photos with the owner status there so he's familiar with I surely have them (and that i take extra without him). regrettably i think of (undecided) you ought to report in CA smalll claims courtroom. you would be waiting to report in GA considering that's the place you presently stay yet i think of the regulation says "the place it got here approximately" which might positioned you lower back into the interior reach courts. you pays a CA lawyer to get this began for you. Have the lawyer initiate with a letter that provides which you would be suing to contain criminal expenses considering he's clearly taking good thing about the reality you left the state. you have a pal lower back in CA deliver you the appropriate papers to report your self in CA (mail them lower back to the pal to report with the courtroom) and purely fly lower back for the listening to. This you ought to do without a lawyer. Do you have any info of the condition of the apt the two formerly and after?
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- kemperkLv 79 years ago
why would lit take 1 yr for the landlord to ID that the opener was done incorrectly?
just call the installation firm and solve the problem!!!
or call the insurance firm.........release the tenant's deposit, all of it.