Broken Window Problem

[Vanessa S.]

Hello fellow members- I have a problematic tenant who pays on time but has created other issues with noise and guests and now, a broken window! In my 20 years of being a landlord for a few properties, I have never encountered this. I don't live nearby so I have neighbors who watch my property. One of my neighbors reported to me that she noticed a broken window earlier this week and she will be taking a photo for me for photographic evidence. I have also been a board member for 20 years for this community and I have NEVER encountered a broken window by any of the resident owners for any reason. Thus, my hunch is the tenant broke the window. What do you suggest I do in terms of approaching this tenant about the broken window? She hasn't reported anything to me so she may be playing dumb and then blame this on something else other than admit fault. I just want to cover my bases with a plan of action. In the perfect scenario, she will offer to pay for it and all is good. But, she has a history of denying fault (eg: noise with guests and smoking) so I want to approach it with caution. Any insight or advice is appreciated! Thank you in advance. 

BTW, her lease ends the start of February so I'm almost done with her and her issues. 

Happy New Year! I hope everyone had a nice winter holiday!

[Drew C Grossman]

Hi @Vanessa S. - sorry to hear about your window problem! I would approach the tenant extremely professionally and be upfront with them about the situation and give them a chance to explain what happened. How long ago did this occur? Since they didn’t tell you immediately (red flag) My advice would be to call them on the phone first and then to relay that information back from your conversation via email for written documentation. Leave the emotions out of it and follow the lease…in my lease the tenant or tenants guest would be responsible for replacing the broken window within 30 days if they were the cause. 

Side note: Does your tenant treat you as a landlord or do they treat you as a property manager? I have found that tenants will treat you very differently if they assume you are the owner! Even for the properties I own, I represent myself as the property manager and it has been noticeable different in a positive way…it takes a lot of the back and forth, emotions and personalities out of the equation.

Have a happy new year and good luck with the new tenants when you turn over the property. 

[Vanessa S.]

Hi Drew,

Thank you for the feedback and advice! I appreciate you taking the time to reply. She knows I am the owner and I remind her I'm on the HOA board so I am very active with the ongoings of the community and my property. She also knows neighbors watch out for me since I am not local.

You're right- it's a red flag that she's been quiet on the matter. If it wasn't for my neighbor to mention this to me, I'd probably never know about it. 

What is the best approach in proving causation of the broken window? In the past, she was quick to deny noise and smoking. So I am assuming she's going to deny she caused it and play victim. But, the flipside is, she is also quick to remedy (while being apologetic) any HOA violations like leaving a bike in the common area, etc.

Thanks so much. Your help is beyond useful. 

[Scott Mac]

Maybe a neighborhood child with a slingshot--or a rock--or a baseball.

[Vanessa S.]

Hi Drew- I just reread your reply and you mentioned labelling yourself as a property manager has had a positive impact on your interactions with your tenants. That is an interesting POV. I may try that in the future.

[Drew C Grossman]

@Vanessa S. - Yes! You aren’t misleading them because you self manage your properties and it changes the dynamic of the relationship for the  better. 

I noticed that tenants treat you way different and hold you to a different standard if in their mind you are the property manager  ….who has other properties to deal with vs a “landlord” who only have one to deal with.  

If I ever have a tenant that explicitly asks if I am the owner, I tell them I have interest in the property and my role and relationship with them is as a property manager and it’s simple as that.

Regarding proving causation to the window…I would aim to figure out what happened on a  phone call and then recap the conversation over email so there is no room for miss interpretation. This should not take more than 5 minutes, at the end of the day, the window broke and something happened. If she didn’t cause it herself and denies it …she should know what happened. Did a guest accidentally break it? Did some ones kid throw a baseball? Regardless, outside of an Act of God event, she is responsible as the tenant to what happened to the window and if she says she doesn’t know…it’s on her. If someone else caused the damage, she can coordinate having that person pay for the damage ect… 

[Drew C Grossman]

One scenario I could see being in the gray area is if the house was broken in to causing the window damage……the lease you have would really determine the outcome of who pays for it to be fixed…although it doesn’t sound like this is the case. 

[Theresa Harris]

The fact that she didn't report it doesn't help as to me it would imply guilt.  Contact her and ask her what happened to the window.  Or just give her notice of non-renewal which you are planning on doing anyhow and replace the window when she moves.

[Drew C Grossman]

@Theresa Harris - Good point....you can also deduct the window expense from her security deposit upon move out. I would just make sure you are in compliance in your state with notice to tenants on returning security deposit ect...

[Vanessa S.]

@Theresa Harris Yes, this is a good idea. I thought about deducting from security deposit. Does this mean I'd replace it now and obviously, coordinate access to the property and then deduct when she moves in early February? I am extremely curious (and disappointed) about why she didn't report it in the first place! Any responsible tenant would! I wanted to call her but wanted to be prepared with the possible scenarios which is why I posted this. 

@Drew C Grossman I reviewed the lease and this is covered. My lease is really broad but does speak to this. From your leases, is this explicitly stated, eg: broken window, etc?

I am learning a lot through all of you experienced property owners and investors! TIA!

[Vanessa S.]

Quote from @Scott Mac:

Maybe a neighborhood child with a slingshot--or a rock--or a baseball.

 If this were the case, who was be paying for the window repair? This is assuming my tenant is denying the damage and says she doesn't know who the neighborhood child or the person ran off. 

[Scott Mac]

Quote from @Vanessa S.:

Quote from @Scott Mac:

Maybe a neighborhood child with a slingshot--or a rock--or a baseball.

 If this were the case, who was be paying for the window repair? This is assuming my tenant is denying the damage and says she doesn't know who the neighborhood child or the person ran off. 

 It's probably going to fall to you, unless the lease says otherwise.

[Richard F.]

Aloha,

It may be too late now, but when first info was received, you should have investigated to see for yourself which side most of the glass fell to...inside or outside. That usually provides the answer to your basic question. If they claim someone must have tried to break in, then request the Police report number so you can get a copy for your records. No report? and not reported to you? Send out your handyman to repair it and simply bill the full amount to the tenant. You do not deduct from the Security Deposit until the tenant vacates, otherwise you could come up short at move out. If your rental agreement does not cover tenant responsibilities adequately, you need to update your agreements as they reach renewal and prior to new tenant signing.

[Vanessa S.]

Quote from @Richard F.:

Aloha,

It may be too late now, but when first info was received, you should have investigated to see for yourself which side most of the glass fell to...inside or outside. That usually provides the answer to your basic question. If they claim someone must have tried to break in, then request the Police report number so you can get a copy for your records. No report? and not reported to you? Send out your handyman to repair it and simply bill the full amount to the tenant. You do not deduct from the Security Deposit until the tenant vacates, otherwise you could come up short at move out. If your rental agreement does not cover tenant responsibilities adequately, you need to update your agreements as they reach renewal and prior to new tenant signing.

Aloha Richard! Thank you for your feedback. I haven’t inspected it yet as I am out-of-town. You make valid points about inspecting it. What do you suggest I do in terms of inspecting the window? Do it after I talk to her? Do I need to notify her if I am not entering the property? My neighbor can see it from the sidewalk so it’s not something that I need to enter the premises for. Just wondering aloud.
After reviewing my tenant responsibilities clause, I need to update it. It’s too general. What’s a good resource to refer to in order to do this? I am in CA. 
Mahalo! 

[Justin Kurpius]

I just replaced all windows (27) at my rental property in Milwaukee WI. Within the first 3 months, two have randomly broke from “pressure”. Both windows were double pane (inside panes broke). Hope this helps.

-Justin

[Richard F.]

Quote from @Vanessa S.:

Aloha Richard! Thank you for your feedback. I haven’t inspected it yet as I am out-of-town. You make valid points about inspecting it. What do you suggest I do in terms of inspecting the window? Do it after I talk to her? Do I need to notify her if I am not entering the property? My neighbor can see it from the sidewalk so it’s not something that I need to enter the premises for. Just wondering aloud.
After reviewing my tenant responsibilities clause, I need to update it. It’s too general. What’s a good resource to refer to in order to do this? I am in CA. 
Mahalo! 

Check with the neighbor, if it looks undisturbed from when it was first noticed, I would drive over, knock on the door and say "Gee, I was just driving by and saw your broken window...what happened? I need to take a look at it". Then start walking over to it to have a look. See if the story bears any resemblance to what you observe at the window. If the remaining glass or mullions appear to be cracked/bent toward the outside, you know it was damaged from inside. Case closed.

I would not presume to provide a legal or other resource for CA, other than a current local to your area Board of Realtor's Rental Agreement. Ours (HI) is six pages, very fine print for the most part, works well here.

[Nathan Gesner]

If the window were broken by someone else, she would have reported it. She probably failed to report it because she knows she is responsible.

You can contact her, let her know the neighbors reported it, and demand that she call and have it repaired immediately.

The other option is to let it slide until she's out, then deduct the cost from her deposit. I wouldn't recommend this option because I suspect you'll use the deposit for other cleaning and repairs.

[Craig Janet]

The tenant will deny knowing anything about how it broke. It could be the truth or lie there's no way to tell. It could have been from a neighbors lawn mower, kids, a tree branch, even a hard wind in some cases. Replacing a window pane isn't very expensive. It's just another day in the life of a landlord. Fix it and move on.

[Curtis Mears]

@Vanessa S.

I would wait until she moves out and I your final walkthrough, bring up the issue and go from there.

[Matt Bishop]

@Vanessa S., it sounds like you are trying to manage your own property and dealing with the endless frustrations of choosing to not have a professional property manager do this for you. May I ask why? A professional property manager would have the window replaced immediately and if circumstances warrant it, would have the tenant pay for it and you would never even know it happened. Why do you decide to put yourself through this?

[Matt Bishop]

@Vanessa S. Keep the paying tenant and use this month's rent from her to pay for a year of professional property management.

[Vanessa S.]

Quote from @Matt Bishop:

@Vanessa S., it sounds like you are trying to manage your own property and dealing with the endless frustrations of choosing to not have a professional property manager do this for you. May I ask why? A professional property manager would have the window replaced immediately and if circumstances warrant it, would have the tenant pay for it and you would never even know it happened. Why do you decide to put yourself through this?

@Matt Bishop- Thank you! After all my years with this particular property, I've never come across a problematic tenant until now. After calculating the cost of property management, it seemed more profitable to manage it myself. I completely see your points. There are many advantages to hiring a third party to manage this!

[John Morgan]

@Vanessa S.

This has happened to me twice. And both times the tenants didn’t report it. Lol. I have one tenant currently that has a broken window. I told him to get it fixed in October and he still hasn’t. If they don’t tell you about it, then it was their fault. If it was caused by someone else, then they would have reported it right away.

[Drew Sygit]

Doesn't matter how it broke! Your lease should state that tenant has to return the property in the condition they recived it.

No matter what tenant excuse is it is their responsibility

[Vanessa S.]

Update: I called the tenant and she admitted fault. She said she broke the window 2 months ago but "forgot" to tell me! This left a gaping hole for that long?!! I reminded her the lease agreement says she should notify me immediately and the cost of the window repair is her responsibility since it was her fault. She was not happy about this and said she didn't think she needed to pay since the window was "flimsy and old." This isn't true since I used to live there prior to renting it out. In fact, out of the 177 owners in the community, only 1 owner replaced windows. From the 20 years of being an HOA board member, no one has broken a window and needed it replaced. I only know this because an approved architectural request is required in order to fix or repair windows. The existing windows are sturdy and durable so it wasn't wear and tear.

Her lease ends next month so she knows she needs me to provide a good reference for her in her new place. I should have more leverage than she does in this situation, it seems. After realizing this, she backpedaled by saying “she would try to do what she can” with the window repair. Not sure what she means but I suppose it is better then refusing to pay for the repair?!!

I am going to send out a window repair person ASAP. What is your advice/ input/feedback on getting paid by my tenant for this? I prefer saving the security deposit for the move-out in anticipation of other costs. 
Thanks in advance!!