# "Landlord is not responsible for repairing \[windows\] broken or damaged under any circumstances" **URL:** \ **Category:** In My Humble Opinion\ **Created:** [August 30, 2009, 9:27pm UTC](https://boards.straightdope.com/t/landlord-is-not-responsible-for-repairing-windows-broken-or-damaged-under-any-circumstances/508287 "2009-08-30T21:27:31Z")\ **Posts on this page:** 8\ **Page:** 3
**Author:** ![RivkahChaya](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/rivkahchaya/32/8919_2.png) [@RivkahChaya](https://boards.straightdope.com/u/RivkahChaya)\ **Post date:** [July 8, 2014, 3:13pm UTC](https://boards.straightdope.com/t/landlord-is-not-responsible-for-repairing-windows-broken-or-damaged-under-any-circumstances/508287/41 "2014-07-08T15:13:27Z")
> [@Isilder](#): > > Its a bit hard to get insurance … what renters usually get \*contents insurance \*… How do you add the windows ? well perhaps you can. I’ve never had any trouble getting renter’s insurance, although, when I had a car, and I got renter’s and auto from the same place, the renter’s was way cheap. Does the place require the OP to have renter’s insurance? Some places do, and some don’t. The window clause may be a way of ensuring that the tenant gets it, and that it covers the windows. Honestly, even with a lease written like that, I’ll bet if the landlord were actually responsible for the broken window, like a worker putting a ladder through it while climbing up to clean gutters, or paint trim, the landlord would replace it. The problem with other scenarios is that it’s hard to prove what happened. I stranger’s kid threw a ball through the window? or your kid did? If the landlord has agreed to pay for third party accidents, then no one is ever going to admit to accidentally breaking a window themselves. Ask for the clause to be changed to something like “aside from breakage cause by workers under contract of the management, or other management negligence,” and then get renter’s insurance that covers glass. Also, make darned sure there are no tiny cracks already in the windows. ---
**Author:** ![SciFiSam](https://avatars.discourse-cdn.com/v4/letter/s/47e85d/32.png) [@SciFiSam](https://boards.straightdope.com/u/SciFiSam)\ **Post date:** [July 8, 2014, 3:23pm UTC](https://boards.straightdope.com/t/landlord-is-not-responsible-for-repairing-windows-broken-or-damaged-under-any-circumstances/508287/42 "2014-07-08T15:23:57Z")
> [@Ruken](#): > > Wow, memories. I ended up getting the windows clause removed from the lease. You came back! 😃 Did they change it to them being responsible all the time, or them being responsible for damage not caused by you (in whatever wording)? Because I rent from a housing association (in England) and they have a clause that says you’re responsible for fixing windows if you break them yourself, but not if someone/something else (like a burglar, the weather or a neighbourhood kid) does. Which is fair enough. (I assume everyone lies if they do break their own windows because it would cost a hefty sum to get someone in to fix the windows yourself - they’re not normal windows). ---
**Author:** ![Ruken](https://avatars.discourse-cdn.com/v4/letter/r/f475e1/32.png) [@Ruken](https://boards.straightdope.com/u/Ruken)\ **Post date:** [July 8, 2014, 7:27pm UTC](https://boards.straightdope.com/t/landlord-is-not-responsible-for-repairing-windows-broken-or-damaged-under-any-circumstances/508287/43 "2014-07-08T19:27:47Z")
I don’t remember if we just struck the clause or change it; I’ve moved out of state since. Also struck a clause that allowed then to raise my rent if the water bill got too high. ---
**Author:** ![AWill](https://avatars.discourse-cdn.com/v4/letter/a/9dc877/32.png) [@AWill](https://boards.straightdope.com/u/AWill)\ **Post date:** [July 9, 2014, 11:42pm UTC](https://boards.straightdope.com/t/landlord-is-not-responsible-for-repairing-windows-broken-or-damaged-under-any-circumstances/508287/44 "2014-07-09T23:42:31Z")
> [@Maia\_s\_Well](#): > > I’d like to chime in with another perspective from a landlord. > > There have been two broken windows in my triplex in the last two years. The first was a tenant’s pyscho ex-girlfriend stalking her, breaking a small pane by the front door in order to break in. > > The second was another tenant fighting with his teenaged son. Never got the whole story on who broke the window or how. > > Both tenants fixed the windows themselves. > > I bring up the above incidences as a guess as to why that phrase is included in your lease. It’s similar to the more common phrase in a lot of leases saying that the landlord is not responsible for stopped up toilets. I include the latter phrase in my leases, but not the former (although it’s worth thinking about). > > I have to say that, when I have good tenants, you betcha I’m going to fix a window broken by a neighbor or a tree toot sweet. Even with not so good tenants, I’ll fix the window in such a circumstance. > > If a tenant breaks the window themselves and refuse to fix it, I’m likely to use that as grounds for eviction. I have language in my leases that make clear that the tenant is required to reasonably maintain the property. > > All other circumstances would be considered on a case by case basis. > > This might sounds harsh, but you would not believe some tenants’ sense of entitlement. You would also not believe what I am willing to do for good tenants. I heard recently that one of my tenants was laid off. I immediately called him and told him to consider his rental amount lowered by $(a significant amount)/month until he got back on his feet, and to let me know if the new amount became a hardship. Even though I am not currently making enough in this market to even cover the mortgage on the property (have an empty unit right now), I know that’s not my current tenants’ fault. It’s in my interests to keep good tenants and to make sure the property is maintained. > > I would not be at all concerned if a potential tenant politely questioned such a phrase in the lease, and I would be happy to negotiate a change in the language to make clear that the tenant would not have to fix a window broken through no fault of his own. However, if a potential tenant was nasty or obstinate, and made clear that he would not be willing to sign the lease unless the phrase was struck and I agreed to fix a broken window under any circumstances, I would be happy to have that excuse _ **not** _ to rent to that person. If someone is going to be unreasonable, it’s good to know that up front, so I can look for a better tenant. > > Just sayin’. I wish I had as reasonable a landlord as you. I consider myself a good tenant, but I got hit with the “you’re responsible for all broken glass” crap too. I misinterpreted that particular phrase in my lease and assumed that by law the landlord was supposed to pay to repair windows when anyone other than myself, guests, or family had broken them. How wrong I was! It isn’t fair to have to pay to repair something I didn’t damage, no matter what a lease says. And who pays $240 for plywood to cover broken windows?! Yeh, they hit me with that too. I’m out $988 now for something I didn’t do; ridiculous. ---
**Author:** ![AWill](https://avatars.discourse-cdn.com/v4/letter/a/9dc877/32.png) [@AWill](https://boards.straightdope.com/u/AWill)\ **Post date:** [July 9, 2014, 11:59pm UTC](https://boards.straightdope.com/t/landlord-is-not-responsible-for-repairing-windows-broken-or-damaged-under-any-circumstances/508287/45 "2014-07-09T23:59:01Z")
> [@Omar\_Little](#): > > How dare her point out things that you agreed to 3 years earlier. The gall! People like you love to reply to, and be sarcastic about only certain parts of things without really analyzing it and recognizing how that person feels, what they previously thought, or must be going through. I had only agreed to it because she told me I would only have to repair them if I broke them. SHE had interpreted that way, so yes it confuses and angers me! Also BECAUSE it had been 3 years ago that I had signed that lease, of course I’m going to forget about such things. Who reads through their lease every day of every year? But I’m just venting, so whatever. You think what you want. ---
**Author:** ![Omar\_Little](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/omar_little/32/269_2.png) [@Omar\_Little](https://boards.straightdope.com/u/Omar_Little)\ **Post date:** [July 10, 2014, 12:06am UTC](https://boards.straightdope.com/t/landlord-is-not-responsible-for-repairing-windows-broken-or-damaged-under-any-circumstances/508287/46 "2014-07-10T00:06:45Z")
Oh you forgot what you signed 3 years ago, well then that’s a different case all together. Isn’t there something in the parole evidence rule that says if you have forgotten what you signed it no longer applies. Forgive me, you should have made that more clear. ---
**Author:** ![slowlearner](https://avatars.discourse-cdn.com/v4/letter/s/a88e57/32.png) [@slowlearner](https://boards.straightdope.com/u/slowlearner)\ **Post date:** [July 10, 2014, 1:19am UTC](https://boards.straightdope.com/t/landlord-is-not-responsible-for-repairing-windows-broken-or-damaged-under-any-circumstances/508287/47 "2014-07-10T01:19:24Z")
I have not always been a good person, window breakage in rentals over the years: wrestling with brother, drunk, sliding glass door; shuriken throwing practice under influence of drugs, all 4 windows back of house; dog jumped through window trying to get postman; random bottle rocket firing in house, cracked pane; locked out of house, twice, 2 windowpanes; somebody’s husband mad at me, brick through window; brother playing Steven Seagal after catching wife and neighbor banging, neighbor’s head thrust through two windows. Been some pretty bad wall damage, too. Don’t punch the wall unless you know where the studs are. ---
**Author:** ![Green\_Bean](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/green_bean/32/1760_2.png) [@Green\_Bean](https://boards.straightdope.com/u/Green_Bean)\ **Post date:** [July 10, 2014, 3:03am UTC](https://boards.straightdope.com/t/landlord-is-not-responsible-for-repairing-windows-broken-or-damaged-under-any-circumstances/508287/48 "2014-07-10T03:03:56Z")
Way to be a jerk to the new guy, **Omar**. Jeepers. Welcome to the SDMB, **AWill**. Don’t mind him. > [@slowlearner](#): > > I have not always been a good person, window breakage in rentals over the years: wrestling with brother, drunk, sliding glass door; shuriken throwing practice under influence of drugs, all 4 windows back of house; dog jumped through window trying to get postman; random bottle rocket firing in house, cracked pane; locked out of house, twice, 2 windowpanes; somebody’s husband mad at me, brick through window; brother playing Steven Seagal after catching wife and neighbor banging, neighbor’s head thrust through two windows. Been some pretty bad wall damage, too. Don’t punch the wall unless you know where the studs are. That is a beautiful post/username combo. [Previous page](https://boards.straightdope.com/t/landlord-is-not-responsible-for-repairing-windows-broken-or-damaged-under-any-circumstances/508287.md?page=2)