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#1
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| We are renting a house near Philadelphia PA and have been model tenants for over 2 years. We returned from a trip last summer to find that the glass on the front bay window had been broken. The damage appeared to have been done by a baseball sized hardball because part of the plastic molding was also broken and the curvature matched that of a baseball. We contacted the company with whom we have renter's insurance and they indicated that such damage should be covered by the homeowner's insurance policy. We notified our landlords and four months later they replaced the bay window. Before they replaced it, they attempted to convince us that we should pay for the cost of the new window because their homeowner's insurance company said it was our responsibility. We disagreed, but finally agreed to pay half out of kindness. After sending the first installment payment on the half we owe, we have received a letter and invoice from our landlords demanding payment in full. I am not sure they have actually contacted their insurance company because at one time they were complaining about their $500 deductable and the total bill was only $473.00. I believe the damage was an act of vandalism or an accident by a neighbor's kid. I am worried they may decide to keep part of the security deposit. Who is legally responsible for the damage? Thank you. |
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#2
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| I am not an attorney but it seems the homeowner would be responsible. This is no different then if someone ran their car into the side of the house. Surely you would not be expected to pay for this unless of course it was your car and you were driving it. But as I said, I am not an attorney so hopefully one of the attorneys on this sight will confirm or deny my opinion. |
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#3
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| Not an attorney but am a landlord. Laws vary from state to state but in my area it is usually stated in you lease who is responsible. If you have no lease the responsibility of protection of the integrity of the rental is generally accepted by the renter in unspoken words. Kind of like an automatic. If you can prove someone else did it you most likely could be released of responsibility. If what you discribed happened and you had a damage deposit, and you did not repair the damage then in this area the landlord would generally be approved to deduct the cost of repairs of the window from your damage deposit. I know it doesn't seem fair to you but this is what I understand of the law. Kind of like the possession is 9 tenths of the law thing we always hear about. If you paid half due to an agreement then you may have some strength especially if that agreement was in writing. If not in writing then it was a verbal agreement and most likly your word against his unless you got lucky and have a witness to your agreement with your landlord when it was made. As to insurance most commercial owner style insurance for rentals do not cover this type of repair. Sorry but good luck Wg |
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