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CalAttorney2, Lawyer
Category: Real Estate Law
Satisfied Customers: 10244
Experience:  I am a civil litigation attorney with experience representing HOAs, homeowners, businesses and others in real estate matters.
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I rent a garage at my apartment complex I pay an extra $125

Customer Question

I rent a garage at my apartment complex I pay an extra $125 a month for it. The garage started having issues back in February I submitted many emails and work orders and nothing was done. I March the garage door fell completely off the tracks and landed on me. I called and sent an emergency work order, again no response. In April I asked of they would move me to a garage that worked and was available. I recieved a piece of paper "work order" on my table one day while I was not home and it said contractor is coming. May still not fixed. I finally had he enough a didn't pay the $125 for the garage in June. Why should I have to pay when in Feb,March,April & May I could not use it, the door didn't open and the garage didn't lock so my belongings in the garage were at risk of being stolen. And when the door fell on me it never got put up so basically it was in invite to take what you want. To this day the door is in pieces in side the garage. Finally in June they moved me. But since I didn't pay in May they charged me $75 late and $10 a day penalty and served me a notice to vacate.
Some of those charges have been adjusted but I feel I should be reimbursed for all months including late fees cause a few times I wasn't gonna pay but I was threatened with vacate notices. I also lost a job due to the door falling on me because I could no longer perform the duties required because of the injuries. To(Back,arm and ankle ) Is there anything I can do or is it a just a waste of time? I think it's unfair and I sure wouldn't want anybody to go through what I have and feel something should be done so it doesn't happen to others.
Thank you,
Submitted: 2 years ago.
Category: Real Estate Law
Expert:  CalAttorney2 replied 2 years ago.
Unfortunately, the damaged door is not a proper basis to withhold rent (there are very few grounds to withhold rent - and they deal with "uninhabitability" matters). The proper way to deal with this type of damage is to sue the landlord for violation of the lease - you can get damages for the landlord's failure to maintain the property and loss of value.More importantly, you may have a premises liability claim for the personal injury claim. Personal injury claims are based on expert testimony, this means you, or your attorney, will need to find a medical expert to testify as to the cause of your injury. The same (or a different) expert can then testify as to your projected future damages and cost of medical care.Due to the complexity of these claims, I highly recommend that you retain a plaintiff's lawyer (also called trial attorneys). Fortunately the majority of these attorneys will provide you with a free consultation, and many will represent you on a contingency basis (they will advance the costs of litigation and legal services in exchange for a portion of your successful settlement or judgment).You can find local attorneys using the State and Local Bar Association directories, or private directories such as;; or (I personally find to be the most user friendly).