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Garage damaged / tenant not at fault

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smkat

Member
What is the name of your state? TX

I'm asking this for my mother... these are all the details I have at this time. If you need more I can get them.

My mother is 75 and lives in a retirement apartment home in Katy, TX. She rents a garage there too. Yesterday she went to visit a friend and when she returned home that evening she found the garage door had been hit and was unuseable. She went in and spoke with the office. They first told her she should look around and find out who did it... she said no, that it wasn't HER responsibility, especially since she hadn't even been there. They then said they'd "look into it", and let her know how much the repairs are. They also said she was expected to continue paying the garage rental fee, even though it's unusable, and not her fault.

Can they legally do this? Make her continue to pay and charge her the repairs? Is there anything she can do? Thanks!
 


moburkes

Senior Member
No, they cannot charge her for the repairs, unless they can prove that she was responsible. If it is unusable, they cannot charge her for the rent, either.
 

Who's Liable?

Senior Member
What is the name of your state? TX

I'm asking this for my mother... these are all the details I have at this time. If you need more I can get them.

My mother is 75 and lives in a retirement apartment home in Katy, TX. She rents a garage there too. Yesterday she went to visit a friend and when she returned home that evening she found the garage door had been hit and was unuseable.
Did she file a police report? If not, ge to it!

She went in and spoke with the office. They first told her she should look around and find out who did it... she said no, that it wasn't HER responsibility, especially since she hadn't even been there.
maybe yes, maybe no... Does she have a rental or lease signed for the garage with the LL? If so, what does it say in regards to damages?

they then said they'd "look into it", and let her know how much the repairs are.
Which is their right...

They also said she was expected to continue paying the garage rental fee, even though it's unusable, and not her fault.
They are correct. If your GM signed a lease stating she is to pay 'x' amount for 'x' many months, than she needs to continue paying it. It is NOT the LL's fault the garage was damaged.

Can they legally do this? Make her continue to pay and charge her the repairs? Is there anything she can do? Thanks!
Yes, they can still charge her for the fee, as for repair charges, they can only charge her if it is in a lease or written agreement that the tenant is responsible for and and all damages.
Best thing to do is look at the agreement and to file a police report!
 

smkat

Member
Thank you for your replies. I'll try and get more info tonight about what's in her garage contract... I don't think it's in her lease since she didn't start renting it until after she'd been there a while, but I'll check. And I doubt she filed a police report... I'll suggest it though. What would that accomplish though?
 
Thank you for your replies. I'll try and get more info tonight about what's in her garage contract... I don't think it's in her lease since she didn't start renting it until after she'd been there a while, but I'll check. And I doubt she filed a police report... I'll suggest it though. What would that accomplish though?


It would be a record of the property damage should she or the property owners need it for an insurance claim. She really needs to file the report.
 

smkat

Member
Thanks again! I talked to my mother and got a few more details.

She doesn't have a garage contract and it's not mentioned in her lease. She got the garage after she moved in and was there a while, and she never signed a contract for it. All she did was pay for it and they gave her the garage opener. So nothing signed saying she was responsible for all damages, but also nothing saying she isn't. I told her she should file a police report and she said she thinks the office did, so she won't be. It does seem like they're possibly repairing it tomorrow, and nothing more has been said about her paying for it, so we'll see.
 

fairisfair

Senior Member
Thanks again! I talked to my mother and got a few more details.

She doesn't have a garage contract and it's not mentioned in her lease. She got the garage after she moved in and was there a while, and she never signed a contract for it. All she did was pay for it and they gave her the garage opener. So nothing signed saying she was responsible for all damages, but also nothing saying she isn't. I told her she should file a police report and she said she thinks the office did, so she won't be. It does seem like they're possibly repairing it tomorrow, and nothing more has been said about her paying for it, so we'll see.

Sounds like it will work itself out. Even if there had been a rental agreement where in she accepted responsibliity for damages. She would have only been responsible for damages that SHE caused, or that her representatives (for lack of a better word) caused. Not for some vandal off the street.
 

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