Who is responsible for paying for the repair of a broken window, the landlord or the tenant?

The window broke as I attempted to shut it, nothing out of the ordinary. I can’t find anything in my lease that states who is responsible for paying for this.

Asked on January 3, 2011 under Real Estate Law, New York

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

The basic principle governing responsibility of rentals, is that normal wear and tear is the landlord's responsibility, while the tenant has to pay for any damage caused by their negligence deliberate damage.  Although, sometimes, figuring out where a particular item lands, between those 2 choices, isn't easy, and a broken window can be one of those.  However, you were merely shutting the window (assumably with appropriate force), then your landlord would be liable to replace the window. 

Note:  This rule applies to just about everything regarding rented property, unless the lease specifically says otherwise. 

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

The basic principle governing responsibility of rentals, is that normal wear and tear is the landlord's responsibility, while the tenant has to pay for any damage caused by their negligence deliberate damage.  Although, sometimes, figuring out where a particular item lands, between those 2 choices, isn't easy, and a broken window can be one of those.  However, you were merely shutting the window (assumably with appropriate force), then your landlord would be liable to replace the window. 

Note:  This rule applies to just about everything regarding rented property, unless the lease specifically says otherwise. 


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