Broken Glass on Bay Window

Broken Glass on Bay Window

Member since 2019 · 4 posts · 1 vote

Hello,

As I was inspecting a property for which the lease ends soon, my tenants showed me that the inside pane of a big bay window is broken - it isn't just cracked, a part of the glass fell. They admitted that it happened as one of them was leaning against it. They already got a (very cheap) quote to replace the glass. It never occurred to me that I would have to pay for the replacement, but the tenants are now asking if I could pay, because it might have been caused by, according to them, an act of god (temperature). It did happen in the winter as they had the heat on (and indeed the house was very warm inside). 

My first instinct was to have the tenants pay for the repairs. But a friend of mine says that I should bear the costs. A mentor of mine says the contrary : they broke it, they fix it. 

I did live in this house for two years and the window (double pane) has never shown any sign of stress - but no one ever leaned against the glass. 

All the glass companies that I called told me that if a big difference in temperature alone had damaged the window, it would have been only a crack on the outside pane. 

My lease agreement states that "Tenants shall keep all windows, glass, window coverings, doors, locks and hardware in good, clean order and repair". 

Considering all of these, who do you think should bear the costs? For a regular window, who should be responsible and in the event that parties disagree, who should bear the burden of proof ? Is it any different for a bay window - should it be expected to resist the pressure of people leaning against it ? 

Thank you, 

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Richmond, VA · Member since 2016 · 215 posts · 129 votes
6y

I think the glass companies already told you what you need to know.  I'd fix it and bill the tenants for it.

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  • Real Estate Professional · Hayfork, CA · Member since 2015 · 231 posts · 212 votes
    6y

    Heat typically rises and this break appears to be on the lower part of the window....

  • Richmond, VA · Member since 2016 · 215 posts · 129 votes
    6y

    I think the glass companies already told you what you need to know.  I'd fix it and bill the tenants for it.

  • Member since 2019 · 4 posts · 1 vote
    6y

    Thank you for your replies. Mark H., I would have liked for the glass company to make a written statement  giving their expert opinion on the matter, but they refused to do so. 

  • Theresa HarrisPro Member
    Member since 2019 · 15k+ posts · 11k+ votes
    6y

    @Soleine Tholance  They already admitted to leaning on it when it broke.  I would charge them for it.  If they raise a fuss and you are so inclined, you could split it 50:50.

  • Member since 2019 · 4 posts · 1 vote
    6y

    @Theresa Harris That was my initial instinct, but a friend of mine who has been a landlord for several years, thinks that it should be expected of a bay window to sustain the pressure of someone leaning on it. 

  • San Jose, CA · Member since 2015 · 4k+ posts · 3k+ votes
    6y

    You're being too nice and over-analyzing this.  Your lease is clear, the tenant said they leaned on it.  When was the last time you ever had a window break itself in that fashion in your home?  Yeah, me neither and I'm in my 60's and lived in the mountains in WA for nearly 20 years.

    Charge them for the window.  it will feel good to learn how to deal with a tenant.  You can still be nice while being firm.

    When I dealt with tenants like this, I'd say, "Well, we both know you broke the window.  I don't blame you for trying and I otherwise am happy you're my tenant.  But, we both know I'm going to have to charge you for this.  Heck, you knew you'd have to fix a window when you signed the lease that says so.  You also know you should have told me about this as soon as it happened.  So, if there's any other damage caused to the building because of any water that got in because of the broken window, I'm going to have to charge you for that, too.  You knew I would have to and you know that's only fair.  But, as long as you leave the place without any further damage and make sure the place is really clean when you leave, then you should still get most of your deposit back."  

    I never had to go to court with any tenant over many years by simply treating them in a calm, fair, reasonable non-arrogant way - and - by treating them like they were smart enough to know what was reasonable in the situation.  I was always able to get tenants out without them causing further damage in anger.  Of course, screening well to begin with helps.  But, I also dis-invited tenants I'd inherited a few times and was also able to get them out by just talking to them like they were smart people.

    Your tenants know they should pay, so be nice but firm and charge them for what they know they should pay for.

    In law, the key word is "reasonable."  What would a reasonable person think was reasonable.  So, when analyzing situations like this in the future, try to pull back and look at the situation from someone else's perspective.  Does it sound reasonable?  If your friend told you this story, what would you think?  Things aren't usually as complicated as we try to make them.

  • Member since 2019 · 4 posts · 1 vote
    6y

    Thank you @Account Closed for your wise advice. It has been much appreciated AND followed. 

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