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Hi there, In august of 2009, i was helping my good friend…

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Hi there, In august of 2009...
Hi there,
In august of 2009, i was helping my good friend move things into her new rental/condominium. Upon entering the underground parking, my uhaul truck got caught on the electric garage door, and while backing up the uhaul...the gate was dislodged from the tracks. There appeared to be only minor damages, and the landlord said."Don't worry about it".
Meanwhile, the Home Owners Association, slapped the Landlord for a 2,600 dollar repair bill, which both the tenant, landlord, and I feel is unjustified and extreme. I have pictures of welding work that the repairmen did to shorten the gate, pictures of all new hardware, which was not necessary, and basically they refurbished the whole dang gate and made cosmetic adjustments at our expense.
The landlord payed the HOA via credit card, but now is suing Rosa, the tenant, for the

full aam.
Submitted: 8 years ago.Category: Real Estate Law
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Answered in 13 minutes by:
6/9/2010
Real Estate Lawyer: Law Educator, Esq., Lawyer replied 8 years ago
Law Educator, Esq.
Category: Real Estate Law
Satisfied Customers: 126,894
Experience: Licensed attorney practicing landlord-tenant, land use and other real estate law and litigation.
Verified
You are going to have to prove that they fixed other than the actual damage that you caused and that the repairs made were unnecessary for the damage you caused. This means that unless you have an expert to testify you may have a big problem in carrying your burden of proof based on your contentions alone. At this point if you do not have the expert testimony to support you, then you would have to try to make a case based on your photos of the actual damage you caused and photos of the repairs showing they fixed more than what you damaged and then you would be able to get the charges reduced.

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