Are we responsible for fixing broken windows?

UPDATED: Oct 1, 2022

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Are we responsible for fixing broken windows?

When we moved into our rental house, all of the windows had been painted shut. As the weather got warmer, we tried often unsuccessfully to open the windows. My husband’s hand slipped and went right through a couple of the windows. As we are getting ready to move out, we are trying to decide if it is our responsibility to fix the windows. Our landlord is known for never returning security deposits, regardless of the condition of the house, so we know she has that extra money to use.

Asked on September 15, 2017 under Real Estate Law, Colorado


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

Yes, you are liable for fixing the windows: if a tenant breaks the landlord's property through carelessness--which is what happened, based on what you write; "slipping" while trying to tug or force open painted-shut windows is a careless act--the tenant is resonsible for the cost to fix the damaged property.

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