Who’s responsible for broken windows, the tenant or landlord ?

A kid broke my apt window with a grapefruit,”playing” yesterday. Lease and landlord say I pay or I make mom of kid pay. Landlord wouldn’t even secure it until replacement which must be within 48 hours.

Asked on December 7, 2011 under Real Estate Law, Arizona

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

The child who broke the window and his or her parents should pay for the broken window, not you. However, the landlord should get the window repaired immediately.

It is interesting that the lease you signed supposedly says that you are responsible for paying for the repair of the window. Typically the landlord would be responsible for paying for third party damage to a rental under custom and practice with residential leases.

I suggest that you carefully read your lease about repairs. Possibly you would not be responsible for repairing damages that neither you nor your guests caused.


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