Broken Window
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Broken Window (by KarenT [OH]) May 27, 2023 10:47 AM
       Broken Window (by Oregon Woodsmoke [ID]) May 27, 2023 11:05 AM
       Broken Window (by Vee [OH]) May 27, 2023 11:51 AM
       Broken Window (by plenty [MO]) May 27, 2023 11:54 AM
       Broken Window (by Moshe [CA]) May 27, 2023 12:04 PM
       Broken Window (by S i d [MO]) May 27, 2023 12:27 PM
       Broken Window (by Vee [OH]) May 27, 2023 12:38 PM
       Broken Window (by DJ [VA]) May 27, 2023 12:46 PM
       Broken Window (by Moshe [CA]) May 27, 2023 1:19 PM
       Broken Window (by Jim in O C [CA]) May 27, 2023 3:04 PM
       Broken Window (by Robert,OntarioCanada [ON]) May 27, 2023 3:09 PM
       Broken Window (by Moshe [CA]) May 27, 2023 3:30 PM
       Broken Window (by Ken [NY]) May 27, 2023 8:21 PM
       Broken Window (by Moshe [CA]) May 27, 2023 10:23 PM
       Broken Window (by Robert J [CA]) May 28, 2023 1:25 AM
       Broken Window (by Moshe [CA]) May 28, 2023 12:27 PM
       Broken Window (by KarenT [OH]) May 28, 2023 1:16 PM
       Broken Window (by Ray-N-Pa [PA]) May 30, 2023 11:49 AM
       Broken Window (by RentsDue [MA]) May 31, 2023 3:43 PM


Broken Window (by KarenT [OH]) Posted on: May 27, 2023 10:47 AM
Message:

Tenant says someone broke the living room window last night. They filed a police report but don't know who did it. Who is responsible to replace it? --104.230.xxx.xx




Broken Window (by Oregon Woodsmoke [ID]) Posted on: May 27, 2023 11:05 AM
Message:

The way my lease is written, the tenant is. What does your lease say about it? --76.178.xxx.xxx




Broken Window (by Vee [OH]) Posted on: May 27, 2023 11:51 AM
Message:

Which side did broken glass fall?The owner must do what is best for the property, but the tenant should repay the owner in the next rent cycle - OH is a 30 day state, OH 5321.05 --184.59.xxx.xx




Broken Window (by plenty [MO]) Posted on: May 27, 2023 11:54 AM
Message:

They GET to Pay for the window. But I'd re read the lease for actual direction. And I'd quote the lease and bill them accordingly. So first you pay for it, restoring your house, they collect according to the lease. --172.59.xxx.xx




Broken Window (by Moshe [CA]) Posted on: May 27, 2023 12:04 PM
Message:

Better check your state law. Try under Offsets to Security Deposit.

For example, CA law says Landlord may (only) deduct

"The repair of damages to the premises, exclusive of ordinary wear and tear, caused by the tenant or by a guest or licensee of the tenant."

In CA, you would have to PROVE that the damage was caused "by the tenant or by a guest or licensee of the tenant".

--47.139.xx.xxx




Broken Window (by S i d [MO]) Posted on: May 27, 2023 12:27 PM
Message:

My lease says the tenant is responsible for all broken glass, no matter if caused by tenant, tenant's guest, or 3rd part on the premises without tenant's permission.

"Someone broke the window" is usually code for, "I / my buddy got locked out and decided to break in rather than pay for a locksmith." Or occasionally "My ex-fiance came back for drugs and/or money while I was gone."

People don't just randomly smash windows. They're after something.

Just for kicks, find out was the glass shattered inward or outward? If shattered outward, you know the tenant did it from the inside. If shattered inward, there should have been a rock, a stick, a baseball, a brick or something else, which would be on the police report. If police found nothing... I guess it just magically broke or someone who threw the item into the window jumped inside, avoiding cutting themselves on the glass, removed the item, took nothing else from the tenant, and left. (*wink)

Regardless, the tenant pays. --184.4.xx.xxx




Broken Window (by Vee [OH]) Posted on: May 27, 2023 12:38 PM
Message:

Ohio law does not allow access to security deposit fundsuntil unit is turned over by way of turning in keyor by way of court order - completed eviction OH5321.16 it is best to add to next rent cycle and let tenant work with insurance agent for repayment. --184.59.xxx.xx




Broken Window (by DJ [VA]) Posted on: May 27, 2023 12:46 PM
Message:

Selections from my rental agreement:

Tenant will be responsible for all damages caused by him and/or other people, invited or uninvited. All glass breakage is the responsibility of Tenant. (Example: the neighborís baseball breaks your window. Tenant is responsible to pay for the repair then settle up with the baseball player.) Landlord is not responsible to determine who or what caused any damage.

and

Note: Any amount due for unpaid rent, late fee, insufficient funds fee, damages, penalties, fines, citations, liens, money judgment, award of attorney fees, and court costs, etc. will be added to the Tenant's account; will be considered "additional rent"; and will be due and payable to Landlord, no later than on or before the next rent due date. --68.229.xxx.xxx




Broken Window (by Moshe [CA]) Posted on: May 27, 2023 1:19 PM
Message:

If state law requires proof of tenant complicity (and maybe even if its not explicit in the code) then the contract would not apply and might even be dismissed as unenforceable in its entirety.

A judge is likely to look to the requirements for SD to resolve this matter, since both circumstances require that tenant pay, the differ only in whether tenant pays now or he declines to pay in favor of later collection by deduction from deposit. It would not be good law to have two different interpretations of requirements of tenant liability for damage.

--47.139.xx.xxx




Broken Window (by Jim in O C [CA]) Posted on: May 27, 2023 3:04 PM
Message:

If it is extremely obvious the tenant did it, then tenant responsibility. If itís not Positively determinable itís the landlord responsibility.

Since they filed a PD report, I would believe it was caused by others. --99.23.xxx.x




Broken Window (by Robert,OntarioCanada [ON]) Posted on: May 27, 2023 3:09 PM
Message:

If a double pane then broken from outside tenant may have had a dispute. Drug dealers have been known to do things like this. Replace window then amortize the cost of replacement when lease ends into the next rent increase where over time that is paid for. --74.220.xxx.xxx




Broken Window (by Moshe [CA]) Posted on: May 27, 2023 3:30 PM
Message:

"If it is extremely obvious the tenant did it, then tenant responsibility. If itís not Positively determinable itís the landlord responsibility.

Since they filed a PD report, I would believe it was caused by others."

Obvious appearance and Tenant reports have nothing to do with this.

If you take money from the tenant and he takes the matter to court saying, "I" didn't do it", then it all depends on if the Judge asks you, "What makes you think that the tenant did it?"

--47.139.xx.xxx




Broken Window (by Ken [NY]) Posted on: May 27, 2023 8:21 PM
Message:

Moshe,who cares who did it? most leases say tenant responsibility regardless of how it happened --74.77.xx.xx




Broken Window (by Moshe [CA]) Posted on: May 27, 2023 10:23 PM
Message:

Yes, but if the law says that tenant is responsible for damage DONE BY HIM, then it doesn't matter what the lease says.

--47.139.xx.xxx




Broken Window (by Robert J [CA]) Posted on: May 28, 2023 1:25 AM
Message:

I had a front apartment (with bars on the outside) facing the street get broken. My building is up on a raised hill from the sidewalk and setback. There is almost no way that a ball made it's way and broke the window from the exterior. On the other hand, this tenant has three kids ages 3 to 10 who play ball inside, against my wishes and as stated in the lease.

So I told the parents that if they provide me with $25, I will purchase a sheet of glass and install it at no additional expense. They refused to pay the $20, not even at $5 per month for 5 months.

SO I called a glass company and they came and fixed the window, replacing the broken glass. Cost $140. I paid by check.

Then I sent my tenants a demand letter for the $140. They responded they thought I was only going to charge them $25 for the glass. I wrote back, yes, had they "Paid" they $25, but refused.

I took these tenants to small claims court and the judge laughed at me. So I get my normal eviction judge who explained that "as the owner, I can not charge for my labor, only the part! SO hiring a window company meant I could charge the tenants and get a judgement for my total costs". --47.147.xxx.xxx




Broken Window (by Moshe [CA]) Posted on: May 28, 2023 12:27 PM
Message:

"as the owner, I can not charge for my labor, only the part!"

Robert, thats nonsense.

In CA at least, you have NO DIFFICULTY AT ALL for landlord to charge for his labor.

In fact, California Civil Code 1950.5 specifically says:

"The landlord may claim of the security only those amounts as are reasonably necessary for the purposes specified in subdivision (b)."

and subdivision (b) includes

"The repair of damages to the premises, exclusive of ordinary wear and tear, caused by the tenant or by a guest or licensee of the tenant."

So, landlord is authorized by CCC 1950.5 to claim repair of damages caused by the tenant without any further restriction.

CCC 1950.5 further says that the landlord must furnish an itemized statement indicating the basis for, and the amount of, any security received and the disposition of the security, and that

"Along with the itemized statement, the landlord shall also include copies of documents showing charges incurred and deducted by the landlord to repair or clean the premises, as follows:

(A) If the landlord or landlordís employee did the work, the itemized statement shall reasonably describe the work performed. The itemized statement shall include the time spent and the reasonable hourly rate charged."

So CCC 1950.5 SPECIFICALLY authorizes landlord to charge for LANDLORD's OR LANDLORD's EMPLOYEE's labor in addition to parts.

I disbelieve that any CA judge told you that you cannot charge for your labor in repair of damage.

--47.139.xx.xxx




Broken Window (by KarenT [OH]) Posted on: May 28, 2023 1:16 PM
Message:

Unfortunately I know that is true in Ohio. During the eviction process, which is actually quick and fairly painless, the judge sometimes allows me to pay for carpet cleaning, and sometimes cuts the bill in 1/3 and says we should've done it ourselves. So the next time we did it ourselves and charged $35 an hour labor, which was like one hour, and he cut that off and said oh we're not going to bill them for labor. --104.230.xxx.xx




Broken Window (by Ray-N-Pa [PA]) Posted on: May 30, 2023 11:49 AM
Message:

Do you require your tenant to have renters insurance?

BTW - the national Landlord convention is in Columbus this week. For the cost of that window, you could get more info on your business to make 10 to 50 fold that in your next transaction. --24.101.xxx.xxx




Broken Window (by RentsDue [MA]) Posted on: May 31, 2023 3:43 PM
Message:

This is why we have cameras in the hood. --68.191.xx.xx





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