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


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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