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OT lawyers: beer can thrown from car, breaks tenant window

Posted on 5/2/15 at 6:38 pm
Posted by mahdragonz
Member since Jun 2013
6931 posts
Posted on 5/2/15 at 6:38 pm
On this fine jazz fest day, I present you gentleman a question.

Riddle me this.

Lease states tenant is responsible for window maintenance. State of the window not specifically declared on walk through list.

Hoopty cruising down street throws beer can through tenant window and shatters it.

Landlord says it's the tenant problem.

Tenant says he will hire a Mexican for 2 dollars to fix window with putty and glass.

Tenant draws up contract releasing him from any liability of quality of window repair.

What should landlord do? Repair window himself or accept crap maintenance.

Some people really do hire stupid lawyers to write their leases, baw.
Posted by mahdragonz
Member since Jun 2013
6931 posts
Posted on 5/2/15 at 6:39 pm to
Oh yeah.

Who gets possession of empty brewski? Tenant or property owner?
Posted by Displaced
Member since Dec 2011
32702 posts
Posted on 5/2/15 at 6:41 pm to
that is up to the landlord, but shouldn't the lease require the maintenance performed by the tenant to be of equal or greater quality than it was before the tenant took residence?
Posted by TH03
Mogadishu
Member since Dec 2008
171035 posts
Posted on 5/2/15 at 6:42 pm to
what kind of window breaks from a tin can?
Posted by kywildcatfanone
Wildcat Country!
Member since Oct 2012
118907 posts
Posted on 5/2/15 at 6:44 pm to
Move somewhere less trashy
Posted by CaptainPanic
18.44311,-64.764021
Member since Sep 2011
25582 posts
Posted on 5/2/15 at 6:45 pm to
I think the landlord should just stop being an a-hole and pay for it to be fixed.
Posted by mahdragonz
Member since Jun 2013
6931 posts
Posted on 5/2/15 at 6:46 pm to
Yeah. But some fools think buying property in poor areas mean the poor people can't read.

So the lease only says maintenance. And there's no verifying document of what that window was like before lease began.

That's why you don't let your uncle fester write your lease bc he's free.
Posted by stout
Smoking Crack with Hunter Biden
Member since Sep 2006
167098 posts
Posted on 5/2/15 at 6:50 pm to
If it's a single pane window it's not hard to reglaze it and the materials will be less than $20 at Lowe's and they even cut the glass to size for you.

No need for the landlord to be an arse over $20 and 15 minutes of work.

I reglaze windows all the time at vacant repos.
Posted by Displaced
Member since Dec 2011
32702 posts
Posted on 5/2/15 at 6:52 pm to
so are you the landlord or the poor?
Posted by Tornado Alley
Member since Mar 2012
26498 posts
Posted on 5/2/15 at 6:53 pm to
quote:

Lease states tenant is responsible for window maintenance.

quote:

Tenant says he will hire a Mexican for 2 dollars to fix window with putty and glass.


As long as it is reasonable maintenance, I see no issue.

Or the landlord could not be a tPOS and just fix it himself.
Posted by Monk
Baton Rouge
Member since Aug 2007
3660 posts
Posted on 5/2/15 at 6:54 pm to
You take it out his deposit. Basic stuff.
Posted by SwaggerCopter
H TINE HOL IT DINE
Member since Dec 2012
27230 posts
Posted on 5/2/15 at 6:57 pm to
In my college house, we had a glass screen door shatter when someone open the front door on the other side of the house. Clearly a foundation problem. Our prick landlord tried to make us pay for it. We told him we would take it to small claims court if that's how he felt. Landlords don't want to deal with that.
Posted by mahdragonz
Member since Jun 2013
6931 posts
Posted on 5/2/15 at 6:58 pm to
Not my circus not my monkeys.

We cover our arse and even bring in some self ordained local advocate for some neighborhoods we rent in. That way the tenants can't say they were duped.

But some people think it's the principle of it

But when that window wood rots the landlord is fricked.
Posted by rantfan
new iberia la
Member since Nov 2012
14110 posts
Posted on 5/2/15 at 6:59 pm to
If that's what reAlly happened how is the tenant's responsibility?
It's not his fault. The residence would have been vandalized no matter who lives there.
This post was edited on 5/2/15 at 7:00 pm
Posted by Tornado Alley
Member since Mar 2012
26498 posts
Posted on 5/2/15 at 7:01 pm to
Again, as long as the maintenance is reasonable, the landlord can't complain.
Posted by chalupa
Member since Jan 2011
6755 posts
Posted on 5/2/15 at 7:03 pm to
quote:

If it's a single pane window it's not hard to reglaze it and the materials will be less than $20 at Lowe's and they even cut the glass to size for you.


Yep. I've replaced a few at my house. The actual glass is like $3. Then all you need is some caulk. The hardest part is getting the size of glass perfect and scraping off the old caulk.
Posted by MoreOrLes
Member since Nov 2008
19472 posts
Posted on 5/2/15 at 7:06 pm to
Landlord should be in charge of having any repair to building and said repair should be equitable to when said tenant leased building. Tenant would be responsible for expense.
Posted by stout
Smoking Crack with Hunter Biden
Member since Sep 2006
167098 posts
Posted on 5/2/15 at 7:07 pm to
quote:

Then all you need is some caulk. The hardest part is getting the size of glass perfect and scraping off the old caulk.



Caulk is OK but you're supposed to actually use glazing putty hence the term reglazing



The putty hardens better than caulk and forms a tighter weather proof seal.
Posted by iwasthere
New Orleans
Member since Jul 2010
1879 posts
Posted on 5/2/15 at 7:09 pm to
If I was the tenant, I would argue that fixing the window is a repair and not maintenance. Kind of like an oil change on a vehicle is maintenance, but replacing broken parts is repairs. Lease didn't mention repairs, so owner has to pay.
Posted by Tigah in the ATL
Atlanta
Member since Feb 2005
27539 posts
Posted on 5/2/15 at 8:45 pm to
does LA even let you write weird stuff like that into a lease?

Seems BS.
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