If a patio door of the home that I am leasing was smashed by burglars, do I have to pay for the door repairs as the tenant?

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If a patio door of the home that I am leasing was smashed by burglars, do I have to pay for the door repairs as the tenant?

 

Asked on July 19, 2011 under Real Estate Law, Texas

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

In a rental situation, the general rule is that: any damage caused by the negligence or intentional act of the tenant is the tenant's responsibility; any damage that could be categorized as "normal wear and tear" or something essentially random like storm damage, is the landlord's responsibility. A patio door broken as the result of an attempted break-in would constitute random damage; consequently your landlord should pay for the door's replacement.

Note: In a situation where the cause of the damage is not is not clear-cut or the like, courts tend to side with tenants; accordingly landlords must prove that the responsibility to repair should lie with the tenant.


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