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Lv 5

broken window handle tenant or landlord responsibility.?

So in my part of the world, the wording isn't clear, normally this would go under normal wear and tear and generally the landlord would fix this unless they, for whatever reason were unwilling, then it would probably be within their rights not to depending on whats included in the contract.

In this particular case, the window handle breakage means the window cannot be properly closed or sealed, leaving the rest of the household exposed the the elements, particularly rain as it is approaching the rainy and monsoon season.

Given that this is the case, would there be a higher legal obligation for the landlord to solve this matter since it leaves the tenants in a dwelling exposed to the elements?

Also, in case of any damage brought on by rain, would that be the the landlord or tenants responsibility.

7 Answers

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  • 1 year ago

    General rule of thumb, if you can point directly to what caused the breaking of the item in question, it isn't considered normal wear and tear. Example, I went to pull up on the handle with force, it was jammed so I manhandled it and the thing broke. That isn't normal wear and tear.

  • 1 year ago

    The tenant is only responsible of they broke it.

  • ?
    Lv 7
    1 year ago

    If it broke through normal wear and tear (or honestly if it cant be proven it wasn't normal wear and tear) then its the landlords responsibility to fix.  Any damage from rain would also be the landlords problem.  You may want to tell them that there will be additional damage from rain if they don't fix it quickly - to get them moving.  

    Depending on the type of handle and nature of the break you could possibly order one for $10 off amazon (or get one from Home Depot) and install it yourself - if the problem is that easy to fix then it might be worth the $10 just to do that and not worry about it.

  • 1 year ago

    How did it break? If you the tenant broke it, then you the tenant pay to fix it (unless it broke due to wear from normal use, etc).

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  • R P
    Lv 7
    1 year ago

    The answer for who is responsible for the cost depends on the age of the window unit & handle and what happened that the handle broke.  Regardless, the landlord should get the handle repaired/replaced as soon as possible & then determine if the tenant is responsible for the cost.

    If the tenant does not report the problem immediately, he is responsible for the cost of any further damage caused from not being able to close the window.

    Source(s): FL landlord
  • Maxi
    Lv 7
    1 year ago

    It is always a tenants responsibility to report any repair/maintenance required to the landlord in a timely manner...so additional damage is not caused because of it, like water damage.... The wrtten contract AND the statuatory landlord/tenants laws state responsibilities of both landlord and tenant........ unless it was broken by lack of care or deliberately by the tenant it is a landlord responsibility

  • Barry
    Lv 6
    1 year ago

    In the UK this would indeed come under the heading wear and tear and the LL would fix it. Unless of course the tenant had established a pattern of causing deliberate damage. Then the tenant would have to fix it.

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