Am I financially responsible forrelpacing a broken window in my apartment?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Am I financially responsible forrelpacing a broken window in my apartment?
I attempted to open the front window of my apartment but found it stuck. I went to the outside to see if there was anything in the way and proceeded to slide the window. Without excessive force the window derailed easily and shattered, am i responsible? My first point it that the window was very old and clearly not in working order. I feel this is also an issue of security if it shattered so easily. Would this fall under the landlord’s responsibility to provide a secure “habitable” apartment?
Asked on August 6, 2010 under Real Estate Law, California
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 14 years ago | Contributor
The general rule for tenant's responsibility to repair items in a rental apartment can be summed up as, "If you break it, you bought it." Tenants need to pay to repair or replace things that they broke.
The implied warranty of habitability applies to major conditions such as no heat in northern apartments, large holes in roof, significant mold or insect infestations, no electricity, no indoor (working) plumbing, etc. A balky or old window would not involve this obligation.
Windows are always a potential security weak point. An intruder can break essentially any window, and if the window shattered a bit more easily, that does not change matters. Unless your lease provided for an extra level of security beyond the norm, or you only rented based upon represenations that it was a particularly secure apartment, the fact that a window broke does not mean there was any breach.
In sum, it is most likely your responsibility to repair or replace.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.