Lease stipulates overhead garage door must be closed when Tenant is not actively accessing. Reasons: appearance, damage prevention (preventing frozen pipes inside walls of garage), vermin prevention (insects, mice, snakes). Tenant ignored 2 warnings. Leaves door open for child with special needs that likes to sit in the garage with the door open two feet or so. This special need was not identified, nor was the child identified as special needs until this issue came up. This claim has not been substantiated by a medical provider, only the mother. It is not an HOA violation. Do you think a court would uphold an eviction based upon leaving the garage door open? Your opinions are greatly appreciated.

Vermin can get in even if door closed if there's a small gap. If you're worried about pipes, add insulation to the walls, stuff steel wool in the cracks where pipes come into the house from the garage to keep vermin out. If your garage has attic access, add insulation to the hatch. If you seal it all up, it won't matter if doors are open or closed.

I am not liking an unsupervised special needs child alone with a garage door open. I assume you have the kind that stops moving if the light sensor detects movement?

This is not OK. I don't see this as micromanaging. Idiots are leaving a special needs kid alone in a garage with a door that could come down on him or her. I do know of someone whose child was killed by a garage door that he installed. Try living with that. He has a grandchild now and is starting to cope after many many years.

I would send them a cease and desist letter immediately detailing that the child is sitting in a garage with a partially open automatic door and is unsupervised. I would also call a garge door mechanic and make sure the door is working as the law says it should which is coming back up immediately if it hits something lightly and not going down if the child breaks the beam.

Let it go. Your house, their home. No damage is being done with the garage not completely closed. Closing the door won't keep the vermin out and if pipes are in there they need to be insulated or heat cables installed. As for appearance, wow, that is too much in my book. My garage has my tools and supplies, the doors are always open when I am working outside. I will even paint and redo furniture in my garage during the summer. It is a great picnic cover when the rain comes.

I can't imagine a judge would allow eviction over a garage door not being closed.

Ally, it's not a landlord's responsibility to watch out for a tenants kids. Special needs or not. Stating to do so sends a clouded message of landlord responsibilities.

Proper screening should lead to good aspects of most other parts of a tenants life.

This garage door fiasco is not an issue to worry about.

Marie, that's why we have insurance. It freezes here in Pa too.

I would let it go for now and keep a watchful eye on it next year when it gets cold, really cold.

Then at that time I would just send them a text or something and make them aware of the pipes between the walls that will freeze of the doors left open and it will be their responsibility for repairs due to freeze damage.

That would be my only issue with that door at all would be the freezing pipes, the kids not an issue.

Next turn over, you could possibly run some heat out there that would run when the main heat is running. that way they will be less apt to leave the door open for the heat going out, plus it will help the

I promise you that snakes and mice are not going to say, "Aww, poo. The garage door's shut. I guess I can't go inside."

If they want to get inside, they will find a way. :)

Although all of my stuff is pier-and-beam. Perhaps it's different for slab people.

The way to keep snakes and mice away is to keep your yard, and all the surrounding yards, at a nice mown-lawn level. But even that didn't keep the rattlesnake out of our back yard last summer... He didn't leave.

During the real cold windy weather, a couple of areas of my 1850s houses are vulnerable to pipes freezing. When the weather is like that, I just text to remind the tenants to drizzle the water overnight so it doesn't freeze. Then run full flow for a few minutes in the morning to clear drain. It won't happen just because it got below freezing.

You could put some insulation board along the outside of the area if possible, or just text to remind them on the really cold days to keep the garage closed, and check the water is not frozen in the morning.

If you keep the kid happy you will probably have a long term Tenant.