m4dm4x Posted February 13, 2009 Share Posted February 13, 2009 Damage was caused to my car when I opened the garage the other day and rusty bits of metal fell on the rear left quarter panel causing damage. I am wondering since I rent if the landlord would be legally responsible for paying for this damage? It isn't really my fault the garage is poorly maintained. I got a quote for the repairs at $250 NZ dollars. Thanks for your input. Regards, Max Link to comment Share on other sites More sharing options...
el5y Posted February 13, 2009 Share Posted February 13, 2009 landlord definitely but you'll have to prove that the damage came from his garage door. Link to comment Share on other sites More sharing options...
DrCloud Posted February 13, 2009 Share Posted February 13, 2009 I think it's going to depend on the fine print in your lease agreement and how much you want to invest in legal proceedings. HPH Link to comment Share on other sites More sharing options...
Scruit Posted February 13, 2009 Share Posted February 13, 2009 You'd probably have to prove that the landlord was negligent in order to recover $$$ from him/her. The question will be "Did the landlord know that the door was in a dangerous condition?" Expect to be asked how the landlord should have known the door was faulty if he/she rarely visits the building, when you didn't even know despite using the door regularly. If the door was visible in a state of disrepair, such that the landlord should have known it was dangerous, then you yourself should have also recognized and reported the danger, then execrised your duty to mitigate the risk (stop using the garage until repairs are made). If the danger was hidden such that you yourself had no way of knowing about it, then how could the landlord have known about it? What part of the door fell? Can you prove how long the door was in a condition that would have been revealed by an inspection? How long have you lived there? Dunno about NZ law, but in the US the liability that comes with property ownership is not absolute. If you trip on my path because I have ignored dangerous cracks that clealry presented a tripping hazard, then I am liable. If you are standing on my path and are bitten by a wild animal thne I am not liable becuase I had no knowledge or control. I would only be liable for dangers that I knew about and ignored. That is, in essense, the definition of negligence. I would expect the landlord to fix the garage door, but don't hold your breath on getting your car paid for. Link to comment Share on other sites More sharing options...
Wales Garage Posted February 13, 2009 Share Posted February 13, 2009 if its a net-net lease you own it because its your job to maintain the property. if its not a net-net lease the owner/landloard is going to have to pay. Link to comment Share on other sites More sharing options...
rao Posted February 13, 2009 Share Posted February 13, 2009 It is going to depend on NZ law Rob IF YOU CARE ABOUT YOUR CAR YOU SHOULD NEVER DRIVE IT Link to comment Share on other sites More sharing options...
mwiener2 Posted February 13, 2009 Share Posted February 13, 2009 I can't imagine rust dust caused all that much damage. And $200 isn't worth the effort of collectiing from the landlord My Mods List (Updated 8/22/17) 2005 Outback FMT Running on Electrons Link to comment Share on other sites More sharing options...
Scruit Posted February 13, 2009 Share Posted February 13, 2009 It is going to depend on NZ law NZ law, like US law, is founded in English common law. They are similar enough in common law situations (ie Where there is no specific modern statute) that we can discuss the basics, and probably be pretty close. Common Law can be amended by statute at many different levels of political subdivision, including federal/state/county/township, and private levels such as HOA/lease contract (and that is US law, NZ law will have different levels). So the only absolutely correct answer on an internet forum is; "Talk to a local lawyer." Link to comment Share on other sites More sharing options...
rao Posted February 13, 2009 Share Posted February 13, 2009 Maybe that's how you practice Rob IF YOU CARE ABOUT YOUR CAR YOU SHOULD NEVER DRIVE IT Link to comment Share on other sites More sharing options...
Fast Wagon Posted February 13, 2009 Share Posted February 13, 2009 Deduct it from you rent. Link to comment Share on other sites More sharing options...
Mr. Sinister Posted February 13, 2009 Share Posted February 13, 2009 Excellent post Scruit. Look at it from the landlord's point of view. How is he supposed to know that the door needs to be fixed if you don't tell him? Link to comment Share on other sites More sharing options...
Rimfaxe Posted February 13, 2009 Share Posted February 13, 2009 I've rented a lot of places- my advice is to just fix it and be done. I'd let him/her know that the door needs some maintenance, but I wouldn't suggest that they pay you for the damage. A good relationship with your landlord is worth more than a couple hundred NZ$. Where are you BTW, Auckland, Wellington, Christchurch? Awesome county, great people! Go All Blacks! Link to comment Share on other sites More sharing options...
mikeislord Posted February 13, 2009 Share Posted February 13, 2009 +1 with Rimfaxe. It's better to have a good relationship with your landlord than save a few bucks and be on the guy's shit list. Plus, there is no guarantee you would be able to prove your case and get the money. So you could piss the guy off AND get stuck with the bill. Not worth it IMO. Link to comment Share on other sites More sharing options...
MOMSWGN Posted February 13, 2009 Share Posted February 13, 2009 Renter's insurance. Link to comment Share on other sites More sharing options...
Molal24 Posted February 13, 2009 Share Posted February 13, 2009 Yeah me and my dad own some apartments. If you told the landlord, he'd be responsible (if he knew you had the messed up garage). If he hadn't of known, then you'd be responsible. My advice to you coming from a landlord, fix it yourself. There is nothing more aggravating then when people come up to us and blame us for such things. I mean half the time the crap is caused by them. When we get hassle from people, they tend to lose our respect. I mean we once had a football sized area in the the corner of the parking lot that had ice on it. She decided to go and walk on this piece of ice and slip on purpose. She sued us. She ended up paying for everything. The whole parking lot was shoveled and salted but that was the area where the piled snow was and ice had formed from melting in the day and freezing at night. She was def. on our shit list. Finally, we stopped giving her breaks and 2 months later she was out. Moral of this is, save yourself and the landlord the hassle. Fix it and let him/her know that the garage needs some repair work. Link to comment Share on other sites More sharing options...
Jerboa113 Posted February 14, 2009 Share Posted February 14, 2009 I had an apartment with a garage with power opener. If the garage damaged my car in any way I would hold the rental company fully responsible for the damage. If the damage was severe I would get a lawyer involved. If I were you I would have immediately taken pictures of the damage with the rusty pieces still on the car with date stamp for evidence for your case. If you do not have this.. it may be your word against theirs and you will probably lose. "The penalty good men pay for indifference to public affairs is to be ruled by evil men." - Plato Link to comment Share on other sites More sharing options...
mwiener2 Posted February 14, 2009 Share Posted February 14, 2009 You guys are missing the bigger picture 250 NZD = 131 USD it's not even worth the effort of mentioning the damage to the car to the landlord. but I would ask to have the garage fixed. My Mods List (Updated 8/22/17) 2005 Outback FMT Running on Electrons Link to comment Share on other sites More sharing options...
m4dm4x Posted February 14, 2009 Author Share Posted February 14, 2009 Thanks for the responses. I had expressed concerns about the garage needing maintenance previously and nothing was done. (a part came off before). I can afford to fix it it's just a little bit annoying that nothing gets done when I request the landlord to do something. I called and he said he would look at the car damage and the garage that night and never showed up. That was a few days ago. Every time we request something (reasonable bearing in mind my father owns several properties and rents them out) the landlord takes weeks to do anything about it. I understand unreasonable tenants who screw things up then blame the landlord but this was a case where the landlord never bothers to check up on the house and follow through with our requests. Link to comment Share on other sites More sharing options...
m4dm4x Posted February 14, 2009 Author Share Posted February 14, 2009 Regarding the comment about metal dust. It was actual solid bits of rusty metal. I watched them fall down onto the car Link to comment Share on other sites More sharing options...
Maddie08 Posted February 14, 2009 Share Posted February 14, 2009 Dunno about NZ law, but in the US the liability that comes with property ownership is not absolute. If you trip on my path because I have ignored dangerous cracks that clealry presented a tripping hazard, then I am liable. If you are standing on my path and are bitten by a wild animal thne I am not liable becuase I had no knowledge or control. I would only be liable for dangers that I knew about and ignored. That is, in essense, the definition of negligence Ummm... if you trip on my path it's because I blew out your knees with two barrels of 12 gauge buckshot. You clearly ignored the "No Trespassing You Will Be Shot - Survivors Will Be Shot Again." Shame on you!!! Link to comment Share on other sites More sharing options...
m4dm4x Posted February 14, 2009 Author Share Posted February 14, 2009 What do you guys think about $500NZD for the rear left quarter and the rear bumper resprayed with lifetime guarantee? Link to comment Share on other sites More sharing options...
Maddie08 Posted February 14, 2009 Share Posted February 14, 2009 But in all honesty, if you don't have written proof that you warned him/her about a faulty door, you're S.O.L. and he'll be charging you for the damaged door, not you for the damaged car Link to comment Share on other sites More sharing options...
ehsnils Posted February 14, 2009 Share Posted February 14, 2009 Looks like one of those landlords that just collect rent and doesn't care about the state of the property. Link to comment Share on other sites More sharing options...
Scruit Posted February 15, 2009 Share Posted February 15, 2009 Ummm... if you trip on my path it's because I blew out your knees with two barrels of 12 gauge buckshot. You clearly ignored the "No Trespassing You Will Be Shot - Survivors Will Be Shot Again." Shame on you!!! Oooooooooo-kaayyyyyyyy..... Link to comment Share on other sites More sharing options...
m4dm4x Posted February 15, 2009 Author Share Posted February 15, 2009 I guess paying for it isn't so bad. S*** happens to all of us and we all end up losing money to incidents that are beyond our control. Will take the car in to get fixed this week. Will get the rear bumper done too. Will look immaculate. Link to comment Share on other sites More sharing options...
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