Q: Who is responsible for a broken window. We (renter) did not cause it, but noticed it was broken and reported it.
When cleaning the home, prior to vacating after lease termination, we(renter) found one of the exterior windows(double pane) had a diagonal crack from one corner to the other. We did not cause it and the window frame as well as window appear to be old.
Could you please provide a statute to back up advice? Thank you.
You probably need to say the city or county to answer this question, because it appears to depend on local housing codes that impose duties on landlords that tenants may enforce. In Albuquerque, the local codes state: "The windows and doors are reasonably weather-tight and, and are kept in sound working condition (ACO §14-3-4-8 (A)).
That link is to the The Renter's Guide, which was originally published by NMPIRG at the University of New Mexico in 1977 and is now in its 9th edition.
Also, the landlord must provide working windows or other ventilating equipment (ACO §14-3-3-2 (A)(3)). A crack doesn't seem weather-tight and could be unsafe.
A state statute that applies, according to the guide, "the cost of wear and tear is the landlord's responsibility. If something needs repair simply because it is old or worn, the landlord should make the repair (NMSA §47-8-20 (A) (2))."
Also check out this link: http://www.lawhelpnewmexico.org/content/obligations-landlords-and-tenants-safety-maintenance-and-repairs
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.