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    akers85's Avatar
    akers85 Posts: 2, Reputation: 1
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    #1

    Sep 1, 2008, 01:04 PM
    Duties of the apartment complex
    Someone had broke into my apartment a few weeks ago I approached the apartment complex management and told them and asked them to repair the window which they had come through which was my daughters window and they said it was not their resposibilty is this correct?
    twinkiedooter's Avatar
    twinkiedooter Posts: 12,172, Reputation: 1054
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    #2

    Sep 1, 2008, 01:12 PM
    It is their property and they have to fix it. You are just renting the property and did not do the actual damage to their window. Write them a letter and demand that the window be properly fixed. If the landlord does not fix the window within a reasonable time, contact the building department and they will force the landlord to repair the window properly. Did you file a police report on the break in? I hope so.
    excon's Avatar
    excon Posts: 21,482, Reputation: 2992
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    #3

    Sep 1, 2008, 01:20 PM
    Hello akers:

    It seems to me they are.

    However, the question is, what are you going to DO about it. Do you have a lease? Do you want to stay? Is the complex dangerous?

    If you don't have a lease, complaining and/or forcing them to fix it will result in a 30 day notice to you. So, you'll have to move anyway.

    excon
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #4

    Sep 1, 2008, 01:24 PM
    Of course it is possible that they may want to hold you liable to pay for the damages. ** They did not break the window either. So while I can see them having it fixed, I can see them adding it to your bill when they do.
    rockinmommy's Avatar
    rockinmommy Posts: 1,123, Reputation: 82
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    #5

    Sep 1, 2008, 04:27 PM
    Quote Originally Posted by twinkiedooter
    It is their property and they have to fix it. You are just renting the property and did not do the actual damage to their window. Write them a letter and demand that the window be properly fixed. If the landlord does not fix the window within a reasonable time, contact the building department and they will force the landlord to repair the window properly. Did you file a police report on the break in? I hope so.
    I can completely understand this being people's reaction to this question.

    However, read your lease. It is VERY common wording in leases that tenants are responsible for broken windows. Your renter's insurance will actually cover any costs associated with a break-in, including the broken window / broken glass.
    akers85's Avatar
    akers85 Posts: 2, Reputation: 1
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    #6

    Sep 1, 2008, 04:37 PM
    Yes, I have a lease and I have confronted them twice about it and they still haven't done anything about it. The place is very dangerous because we even got threatened afterwards, and we are moving out of there, but will we be held accountable for the rest of the lease because I'm not even paying this months rent?
    twinkiedooter's Avatar
    twinkiedooter Posts: 12,172, Reputation: 1054
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    #7

    Sep 1, 2008, 04:52 PM
    I meant if the tenant breaks the window or damages it the tenant has to pay. If it was a burglar then that is not the tenant's fault.
    rockinmommy's Avatar
    rockinmommy Posts: 1,123, Reputation: 82
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    #8

    Sep 2, 2008, 10:04 AM
    Quote Originally Posted by twinkiedooter
    I meant if the tenant breaks the window or damages it the tenant has to pay. If it was a burglar then that is not the tenant's fault.
    Oh, I completely know what you meant. And in principle I can agree. HOWEVER many leases state - across the board - that the tenant is responsible for broken windows and / or broken glass. It's not the landlord's fault that it got broken either. Now if the window was faulty, wouldn't stay open for example, and slammed shut, breaking the glass - then the landlord is clearly responsible for the repair. The tenant is responsible for the condition of the unit while they lease it. That's one of the many, many good reasons to have renter's insurance. It covers stuff like this!

    What I usually do with my tenants is if they have a police report that they've filed, I'll work with them on getting the repair taken care of. The first time. I've been completely shocked at how many tenants call me to tell me "someone" broke out a window. When I tell them to get me a copy of the police report, or the name of the officer they talked to, etc, they tell me they didn't, and won't, call the police. I tell them that if they'll file a report, then I'll help with the repair, they still won't turn it in. I don't know if it's someone they know who is breaking in, or breaking windows, or what. I understand that the cops won't really do anything over a broken window. But my stance is that if it's a random break-in, why not call the police and report it? If they're unwilling to do that, then they're on their own. And according to my lease, they're responsible for the repair.

    Like I said, I understand the idea of "the tenant didn't intentionally do it - the landlord should fix it". I just wanted to point out the legal aspect of many leases holding the tenant responsible for the condition of the unit while they lease it - if damage is their fault or not.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #9

    Sep 2, 2008, 10:21 AM
    I would have answered that it depends on what the damage was. If it was just broken glass, then it would usually be the renter's responsibility. If the window structure was damaged, then the landlord might be held responsible.

    But your first recourse would be with your renter's insurance carrier.

    As to moving out, you have no grounds that I can see to break your lease. This means that you could be held liable for the balance of the lease.
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