Living as a tenant comes with certain responsibilities when renting a home that doesn't fully belong to you. Accidents do happen, like windows accidentally getting broken. But who bears the financial responsibility in these situations - the tenant or the landlord? In this article, we will discuss who is legally required to pay to replace a window if it gets broken by a tenant occupying a rental property.
Is the tenant always responsible if they break a window?
Not necessarily. If the window was damaged due to normal usage and ordinary wear and tear over time, then the landlord would typically be responsible for repairs. However, if the tenant deliberately breaks the window or damages it through negligence or misuse, then they would usually have to pay.
What types of damage would the tenant be responsible for paying to fix?
Some examples of damage the tenant would typically have to pay for include:
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Throwing or punching objects that break the window. This shows a deliberate or reckless act on the tenant's part.
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Forcefully slamming a window shut with such impact that it cracks or breaks. Again, this indicates negligence rather than normal use.
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Leaving a window open during heavy rain and flooding causes water damage to the window frame or surrounding area. Tenants are expected to reasonably secure windows during storms.
In these situations, the tenant's actions or negligence directly contributed to the window damage occurring.
Related: How Long Can A Tenant Be Without Hot Water?
What if the window was accidentally broken?
If a window is accidentally broken, such as by a ball accidentally breaking it during play, then landlords may be more understanding about covering repair costs. It would depend on the exact circumstances and degree of care taken by the tenant. Tenants should always promptly report any accidental breakages to the landlord and provide their version of events.
Is the tenant still liable if the break was caused by a visitor?
Yes, in most cases tenants would also be responsible for damage to the property caused by their visitors or guests. This is because the tenant signed the tenancy agreement and is legally responsible for the conduct of anyone they invite into the rental home. Tenants must ensure any visitors behave appropriately and do not put the property at risk.
What documents should the tenant provide to prove an accident?
If a window breakage was truly accidental, the tenant should provide their landlord with as many details as possible in writing. This could include photographs of the broken window and surrounding area, a detailed description of how the accident occurred, contact details of any witnesses, and details on when it was reported. Submitting documentation helps demonstrate transparency and that the tenant is not at fault.
Can tenants dispute responsibility or responsibility?
If a landlord claims their tenant is responsible for window repairs but the tenant disagrees, the tenant can dispute this. They would need to provide clear evidence the damage was caused by something other than negligence or misuse on their part, such as a pre-existing fault with the material or frame. If agreement cannot be reached, the dispute may need to be resolved by an impartial third party like a small claims court.
Conclusion
To summarise, tenants are usually expected to cover repairs when they deliberately damage a window or it breaks due to their negligence or misuse. Accidental breakages may be covered by landlords depending on the specific circumstances.
Tenants should always promptly report any window issues, keep documentation, and work with their landlord to resolve disputes over breakages and responsibility for repairs. Following the tenancy agreement terms and communicating effectively is key.
