Window broke under normal use, should I or landlord have to pay?

Question

Hey guys, so the windows in my house are old and have an odd way of opening. Pretty much there is 1 window stacked on top of the other and to open the window you have to put your hand on top of the bottom window and push up. Now I was opening a window by this method in the kitchen and my palm went straight through it. My hand is fine but the landlord is saying I have to pay for the damage or he will evict me. What is your guys' thoughts?

My argument is that a window is for opening and closing and if I can't use my window for what it's for then I shouldn't be charged for it. To me it is the same thing as charging someone for walking on the floor. Also, according to the rent agreement it says "Tenants shall be responsible for repairs needed on items because of neglect or misuse." I don't think this window situation fits into either of those. But let me know what you guys think. Thanks!

Answer 1

I think the landlord is lucky you didn't injure yourself, or he might be liable for the cost of your injuries.  I think if it happened to one of my tenants, and I knew that the windows didn't work properly in the first place, I would probably just fix it.  Especially if you have been the kind of tenant that always pays your rent on time and in full.  If you weren't that kind of tenant though, I would make you pay to repair the window, because I wouldn't care if you got upset with me.  I have been a landlord for over 10 years, and I have over 50 rental units.  If one of my great tenants breaks something accidentally, I kind of have to weigh the fact that I can either fix it and keep them happy, or charge them to fix it, and get them upset and move.  For a measly cost of a window repair, I would just do it.  If it is something real expensive though, it might be a different story.

Answer 2

You are responsible.

I could go on forever as to why... but I am willing to bet you know why. and the other answers cover what I want to say.

Answer 3

Sounds like your hand slipped and broke it.  That is not the landlord's fault.  

You can probably just buy the glass and reglaze it yourself for very little cost.  

Answer 4

You broke it you pay for it.

Answer 5

The double-hung window you describe is probably the most common window installed in the U.S.  and they have literally been in use for 200 years.  Reasonable care has to be taken in pushing the sash up and down, and occasionally accidents such as you mention do happen.  You should check every sash in your rental to see if they can be opened and shut smoothly and safely, and if not, report those that don't work well to the landlord, and request they be repaired.  

You broke the glass in the window you mention during your watch, and I am afraid you are on the hook to reglaze it.

Answer 6

From a legal point you will have to pay for the damage to the window since their is a gray area whether it was misuse or neglect. If you signed the lease accepting the agreement your pretty much screwed. Not that it was your fault but it's not worth getting in to it with your landlord if you intend to stay there. Now, if you do not want this to happen again I would suggest in getting a renters insurance policy. That way you will have a safety net so to speak.