Legal Question in Real Estate Law in California

Rental housing requirements

Is a landlord required to have a garage door (automatic) with a safety mechanism? The rental that I live in has and electric garage door opener... we pressed the button to close it and an item was apparently in the way. The garage door continued to close and did not stop once it hit the item in the way... it continued to try and close. I was under the impression that rental houses are required to have ''safe'' garage doors that would stop closing if it hits something or someone, what if it were one of my children? Now the garage door won't close correctly. Can my landlord charge me for this? Also where can I find out what the laws are governing landlords and tenents?

Thank you.


Asked on 9/19/03, 12:36 pm

2 Answers from Attorneys

Michael Olden Law Offices of Michael A. Olden

Re: Rental housing requirements

You're correct, the items supplied like garage door opener should be safe. Now that you have discovered there is a problem you should notify the landlord in writing immediately. No, you should not be charged for the repair since you did nothing other than push a button. On the other hand, there was an item they are the bad was not there when you open the door, or close to the last time so my initial question is why didn't you remove the item before the door had it. That might be question that the landlord would ask you. Your question no concerns me because it looks like you are attempting buyer question to have a basis for some other "legal maneuver". A defective garage door opener is just that. It should be repaired and immediately. Nothing more nothing less am not the basis of any other potential claim against the landlord which would otherwise not be mentioned in your question.

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Answered on 9/19/03, 1:46 pm
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: Rental housing requirements

California's Health and Safety Code sections 19890 and 19891 provide the only statutory law on this subject that I could find.

These sections prohibit the manufacture, sale and installation of automatic garage door openers that do not have automatic reverse safety devices complying with Underwriters Laboratories (UL) specifications. These are the main provisions; the full text is fairly long.

Part of the provisions became effective in 1991 and the rest in 1993. Apparently, earlier-installed garage door openers are NOT covered except when extensive repairs are made they must be brought to current standards.

The law permits consumers to bring suit as well as building inspectors and the district attorney. If a consumer wins, the consumer keeps the fine.

Therefore, I would say it is possible your landlord is subject to a legal action instituted by you, but only if the opener were installed or heavily repaired recently. Your first task would be to investigate the date of installation.

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Answered on 9/19/03, 1:48 pm


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