If I’m renting and a burglar broke a window, who is liable for the damages?

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If I’m renting and a burglar broke a window, who is liable for the damages?

Window was broken and landlord is taking it out of our deposit. Are we liable for these damages?

Asked on November 4, 2011 under Real Estate Law, Oregon

Answers:

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

Answered 12 years ago | Contributor

As a general rule, unless your lease specifically states otherwise, the basic principle governing responsibility of damage to 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 or deliberate action.  Sometimes, however, figuring out where a particular item lands between the 2 isn't easy. Yet since in this case the window was not broken through any fault of your own and, in fact was damaged from the outside, your landlord should assume responsibility for the repair. 

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


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