What to do if my apartment was broken into but the office won’t fix it unless I pay $30 for an entirely different window that I’m not asking them to fix?

Are they obligated to fix my window?

Asked on August 13, 2012 under Real Estate Law, Missouri

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Yes, you landlord is obligated to fix a broken window, by the "implied warranty of habitability"--the obligation  placed on landlords by law that all rental properties be "fit for their intended purpose." A broken window can let rain in, let intruders in, affect temperature, etc., and therefore would violate this warranty (this is assuming a major break; the landlord likely would not have to repair or replace if there's a small crack, but the pane is fundamentally intact).


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