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  1. #1
    Join Date
    Jun 2008
    Posts
    1

    Default Security Deposit Charge For A Broken Window

    My question involves a security deposit in the State of: California

    On 8/2007, the outer pane of a 2nd story bedroom window was shattered by vandals (inner pane still intact). Notified the landlord immediately, filed a police report and forwarded to the landlord. Then later reminded him twice regarding the broken window but it was never replaced. Since the inner pane was not broken I was not very concerned.

    REPAIR & MAINTENANCE LEASE LANGUAGE:

    "the landlord shall at its sole cost and expense keep and maintain the exterior walls..except when the damage is caused by abuse or negligence of the tenant".

    Fast forward to 6/2008 and I'm in the process of moving out since I purchased a new home. The landlord advises that he was never notified that the window was broken. He states the window will be replaced with funds from my security deposit!!

    My position is:

    1) the outer pane (not the inner pane) is broken so it's part of the exterior wall for which he is responsible.
    2) the damage was caused by vandals not by abuse or negligence on my part.

    Does anyone else concur with this conclusion?

    Thanks much.

  2. #2
    Join Date
    Jan 2008
    Location
    Toledo, OH
    Posts
    16,307

    Default Re: Security Deposit Charge For A Broken Window

    Does anyone else concur with this conclusion?
    With 2, but not entirely with 1.

    The number of panes of glass do not matter - as long as you were not responsible for breaking the window, I don't believe you should be held responsible.

    Do you have a copy of the letter you sent to the landlord? You did notify him in writing, correct?

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