Who pays for a broken window if person is unknown to tenant?

UPDATED: Jul 31, 2012

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Who pays for a broken window if person is unknown to tenant?

My front window by the door was broken out by a stranger looking for someone who did live here. I have a police report number and a neighbor who saw him pacing the apartment complex for 2 hours. The window was plate glass and they replaced it with tempered glass which is 5 time more expensive. Do I, have to pay for the replacement and if so, at the price of what was broken or the price of the new custom made more expensive tempered glass?

Asked on July 31, 2012 under Real Estate Law, Arizona


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

A tenant is only responsible for a broken window if he, or someone under his control (a guest; a family member; a contractor or worker; a pet: etc.) caused the damage or if the tenant agreed in the lease to be responsible for such damages. If the tenant did not agree in the lease to take responsibility and the damage was done by a third party not associated with the tenant, the tenant would not have to pay for the damage. This is what landlords have insurance for.

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