• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Can my landlord legally do this?

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

Chklaph

Junior Member
What is the name of your state (only U.S. law)?
-Duluth, Minnesota


Okay, so here's the situation. Myself, and 5 other roommates rent a 6 BR home on the outskirts of the University of Minnesota - Duluth campus. The landlord is a 1 man company, and it's currently the second year that we've been in the house.

THE PROBLEM:
The house we live in is an 1800's victorian mansion. The entrance has a set of two doors which all 4 doors have hand-made glass panels as their center piece. A couple weeks ago, one of the roommates was in a rush to get to class when he tripped over a shoe in the entry-way causing him to catch himself on the closed door. While doing so, his body weight shifted on to the door causing the glass on the door he hit to crack. The crack is minor and it's only on the bottom 1/4 of the glass.

Keep in mind that the entrance to the house has a set of 4 doors. The 2 that lead in from outside enter into a small entry way which is where you find the other 2 doors that lead into the interior of the house. The cracked glass is on 1 of the 2 doors that lead into the MAIN interior of the house.
SO RIGHT NOW, ONLY 1 DOOR HAS DAMAGED GLASS. EVERY OTHER DOOR HAS NO DEFECT.

OUR LANDLORD:
Our landlord recently inspected the door and to our knowledge the glass specialist thought it would be best to keep the glass in. Considering nothing is falling out and it is still in tact. Two weeks went by without hearing again from our landlord and now today he has reached out to us confirming the price of the repair is going to $2,100.
His plan is to replace the damaged glass with a replica made today(since hand made glass on doors is not a thing anymore) and he also wants replace the glass on the door that is directly next to it(not damaged whatsoever).

THE QUESTION:
Are we reliable for paying for the replacement of the door that no damage was done to? We all understand the replacing of the damanged glass, but why would we have to pay for something that is only to please him? Our lease clearly states that any repairs due to wear-and-tear or any home improvements would be paid for by the landlord. Wouldn't replacing glass that is not damaged at all be considered a home improvement?
 


LdiJ

Senior Member
What is the name of your state (only U.S. law)?
-Duluth, Minnesota


Okay, so here's the situation. Myself, and 5 other roommates rent a 6 BR home on the outskirts of the University of Minnesota - Duluth campus. The landlord is a 1 man company, and it's currently the second year that we've been in the house.

THE PROBLEM:
The house we live in is an 1800's victorian mansion. The entrance has a set of two doors which all 4 doors have hand-made glass panels as their center piece. A couple weeks ago, one of the roommates was in a rush to get to class when he tripped over a shoe in the entry-way causing him to catch himself on the closed door. While doing so, his body weight shifted on to the door causing the glass on the door he hit to crack. The crack is minor and it's only on the bottom 1/4 of the glass.

Keep in mind that the entrance to the house has a set of 4 doors. The 2 that lead in from outside enter into a small entry way which is where you find the other 2 doors that lead into the interior of the house. The cracked glass is on 1 of the 2 doors that lead into the MAIN interior of the house.
SO RIGHT NOW, ONLY 1 DOOR HAS DAMAGED GLASS. EVERY OTHER DOOR HAS NO DEFECT.

OUR LANDLORD:
Our landlord recently inspected the door and to our knowledge the glass specialist thought it would be best to keep the glass in. Considering nothing is falling out and it is still in tact. Two weeks went by without hearing again from our landlord and now today he has reached out to us confirming the price of the repair is going to $2,100.
His plan is to replace the damaged glass with a replica made today(since hand made glass on doors is not a thing anymore) and he also wants replace the glass on the door that is directly next to it(not damaged whatsoever).

THE QUESTION:
Are we reliable for paying for the replacement of the door that no damage was done to? We all understand the replacing of the damanged glass, but why would we have to pay for something that is only to please him? Our lease clearly states that any repairs due to wear-and-tear or any home improvements would be paid for by the landlord. Wouldn't replacing glass that is not damaged at all be considered a home improvement?
By the bolded I assume that you mean the glass on the other door, that is not damaged. My guess is that the specialist has said that the glass cannot be matched exactly, therefore the pair of doors would no longer match. I am not sure how a judge would view that. I do however think that 2100.00 is an awful lot of money to replace glass in a home that is typically rented to college students. I greatly suspect that there are much more economical ways to go. Why don't you research some and get some estimates yourself?
 

quincy

Senior Member
What is the name of your state (only U.S. law)?
-Duluth, Minnesota


Okay, so here's the situation. Myself, and 5 other roommates rent a 6 BR home on the outskirts of the University of Minnesota - Duluth campus. The landlord is a 1 man company, and it's currently the second year that we've been in the house.

THE PROBLEM:
The house we live in is an 1800's victorian mansion. The entrance has a set of two doors which all 4 doors have hand-made glass panels as their center piece. A couple weeks ago, one of the roommates was in a rush to get to class when he tripped over a shoe in the entry-way causing him to catch himself on the closed door. While doing so, his body weight shifted on to the door causing the glass on the door he hit to crack. The crack is minor and it's only on the bottom 1/4 of the glass.

Keep in mind that the entrance to the house has a set of 4 doors. The 2 that lead in from outside enter into a small entry way which is where you find the other 2 doors that lead into the interior of the house. The cracked glass is on 1 of the 2 doors that lead into the MAIN interior of the house.
SO RIGHT NOW, ONLY 1 DOOR HAS DAMAGED GLASS. EVERY OTHER DOOR HAS NO DEFECT.

OUR LANDLORD:
Our landlord recently inspected the door and to our knowledge the glass specialist thought it would be best to keep the glass in. Considering nothing is falling out and it is still in tact. Two weeks went by without hearing again from our landlord and now today he has reached out to us confirming the price of the repair is going to $2,100.
His plan is to replace the damaged glass with a replica made today(since hand made glass on doors is not a thing anymore) and he also wants replace the glass on the door that is directly next to it(not damaged whatsoever).

THE QUESTION:
Are we reliable for paying for the replacement of the door that no damage was done to? We all understand the replacing of the damanged glass, but why would we have to pay for something that is only to please him? Our lease clearly states that any repairs due to wear-and-tear or any home improvements would be paid for by the landlord. Wouldn't replacing glass that is not damaged at all be considered a home improvement?
It is not reasonable for the landlord to charge you for damage you did not do. In addition, while the cost of repairing old stained/leaded glass can be high, an antique glass specialist would generally not recommend the replacement of an entire door (or two) for a single crack, unless the door glass was so unusual (not likely) that replacement glass could not be found.

Portions of glass that have been cracked can be replaced with the same type of glass. Most restoration companies have extra glass of all colors and sizes available for this purpose. In other words, hand made glass on doors is still "a thing." ;)

If I were you, I would argue the cost of both the single door and definitely the cost of the replacement glass for the other door, unless the landlord can show you that no restoration company can make repairs to the first door so that it matches the second door.
 

BL

Senior Member
Firstly there are 6 roommates.

How is the lease signed and rent paid ?

Secondly depreciated value of the damage is appropriate.

Who stated the cracked window should stay ? Can you get anything in writing ?

The LL can charge for the damaged window , but the court would decide the cost.

If it comes to that , subpoena through the court's clerk records showing that the window is OK left in place.

No, the LL can not charge for improvements or to match the other door's window.

What is the status with a security deposit? That's what SDs are for, to cover or help cover these issues.
 

quincy

Senior Member
Not only should security deposit money assist with the cost of repair to the glass, I would also think that the landlord's insurance would cover the bulk of it.

With antique glass, by the way, depreciated value may not be appropriate, as antique glass increases in value over time.
 

Chklaph

Junior Member
Update to thread

UPDATE:
Our landlord is still charging us after we confronted him regarding his request.

NEW READERS:
Our landlord is charging us for a repair on something that isn't damaged.

We have a set of 4 door leading into our home. The two doors that are in the interior of the entry-way are side by side and they are identical.

Both doors have glass panels as the centerpiece. On 1 of the 2 doors we cracked the bottom portion of the glass panel. The panel is still fully intact, but there is a spider-web effect of cracks going on near the bottom of the panel.

Our landlord decided that instead of just replacing the glass that we damaged, he wants to replace the glass on both doors so that the 2 doors still match. The glass was hand made in 1890, so he claims there is no replica of the glass we damaged.

It's not stated anywhere In the lease that if we damage one door we are responsible for matching it with the other. The final cost of this repair is going to be $2,100.

Do we tell our landlord to take us to court if he thinks we're paying for it, or what should we do?
 

Ladyback1

Senior Member
UPDATE:
Our landlord is still charging us after we confronted him regarding his request.

NEW READERS:
Our landlord is charging us for a repair on something that isn't damaged.

We have a set of 4 door leading into our home. The two doors that are in the interior of the entry-way are side by side and they are identical.

Both doors have glass panels as the centerpiece. On 1 of the 2 doors we cracked the bottom portion of the glass panel. The panel is still fully intact, but there is a spider-web effect of cracks going on near the bottom of the panel.

Our landlord decided that instead of just replacing the glass that we damaged, he wants to replace the glass on both doors so that the 2 doors still match. The glass was hand made in 1890, so he claims there is no replica of the glass we damaged.

It's not stated anywhere In the lease that if we damage one door we are responsible for matching it with the other. The final cost of this repair is going to be $2,100.

Do we tell our landlord to take us to court if he thinks we're paying for it, or what should we do?
1) you can't replace one side and have it not match (because of the age of the house) And really? if the glass was crafted in 1890, there is only a SLIM possibility that an exact replacement could be found.
2) disregarding #1--what is the cost to replace one side? Have you ever repaired ANYTHING in a modern home (like glass), much less in an OLD home? Older homes (especially if the owner wants to maintain the continuity and "feel" of the house) require special work, special materials, etc. to repair.
3) if LL is repairing/replacing the damaged glass with "new" glass--why don't you see if you can find replacement "old" glass and see what the price would be for THAT!

Accidents happen. However, if people pick up and put away their shoes, they are less likely to happen!;)
 

OK-LL

Member
Firstly there are 6 roommates.

How is the lease signed and rent paid ?

Secondly depreciated value of the damage is appropriate.

Who stated the cracked window should stay ? Can you get anything in writing ?

The LL can charge for the damaged window , but the court would decide the cost.

If it comes to that , subpoena through the court's clerk records showing that the window is OK left in place.

No, the LL can not charge for improvements or to match the other door's window.

What is the status with a security deposit? That's what SDs are for, to cover or help cover these issues.

It would appear in a Victorian house that the older things like the glass doors get, the more they appreciate in value; so the tenants should be responsible for the current replacement value, not a depreciated value (what would be the lifespan of a period door?).

Also, SDs are not to cover damage caused by tenant while they are in residence; rather those damages should be repaired and paid for at the time discovered by the landlord or reported by the tenant. The SD is to cover damages discovered after the tenants have vacated the property. If the landlord gives up any portion of the money he holds in escrow against damages before the end of the lease, he should review his business practices. He would have no way to replenish the SD fund from existing tenants since you can't sue existing tenants for a SD your lease says was paid at the beginning of the lease term.
 

BL

Senior Member
It would appear in a Victorian house that the older things like the glass doors get, the more they appreciate in value; so the tenants should be responsible for the current replacement value, not a depreciated value (what would be the lifespan of a period door?).

Also, SDs are not to cover damage caused by tenant while they are in residence; rather those damages should be repaired and paid for at the time discovered by the landlord or reported by the tenant. The SD is to cover damages discovered after the tenants have vacated the property. If the landlord gives up any portion of the money he holds in escrow against damages before the end of the lease, he should review his business practices. He would have no way to replenish the SD fund from existing tenants since you can't sue existing tenants for a SD your lease says was paid at the beginning of the lease term.
You are not saying that the LL can not make a damages list and amount , deducting from the SD amount " at the termination of tenancy " , are you.

I made no mention of any damages amount be taken out of the SD now while the tenants still are occupants.

Again , it would be up to a Judge to decide.

A specialist suggested leaving the cracked window in place ,the LL has chosen to replace with replica.
 

FarmerJ

Senior Member
Just for the H of it have any of you gone down to Bauer brothers architectural salvage in MPLS or any of the other firms/ stores that may have architectural salvage items to see if there is any thing like it ?
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top