If a vandal in this case breaks a front window in a rental,is it the tenant or the landlord who bears the burden of fixing it?
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If a vandal in this case breaks a front window in a rental,is it the tenant or the landlord who bears the burden of fixing it?
Asked on January 19, 2012 under Real Estate Law, Arizona
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
Tenants are only financially responsible for damage which they, their family, their guests, or their pets actually cause. Therefore, if the vandalism was done by, say, a member of the tenant's household, or maybe a friend of a teenage child, then the tenant would be responsible. However, the tenant would not have to pay if the vandalism was done by some unrelated third party. In that case, it is the landlord who would have to pay to fix it.
One exception to the above: if the lease says that the tenant would be responsible for a repair like this, that is legal and enforceable.
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