Conroe, TX asked in Landlord - Tenant for Missouri

Q: My tenants living in my house say some kid threw a rock and the window is broken. Who should pay for damaged window?

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James L. Arrasmith
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Answered
  • Landlord Tenant Lawyer
  • Sacramento, CA

A: In a typical landlord-tenant situation, the responsibility for paying for a broken window depends on several factors:

1. Lease agreement: Check your lease agreement to see if it specifies who is responsible for repairs due to damage caused by third parties.

2. Renters insurance: If your tenants have renters insurance, their policy might cover the cost of the broken window, subject to their deductible.

3. Landlord's insurance: Your landlord insurance policy may cover the cost of the repair, depending on your specific policy and deductible.

4. Identifying the responsible party: If the person who threw the rock can be identified, they (or their parents, if the person is a minor) could be held liable for the damage.

In most cases, if the damage was caused by a third party and not due to your tenants' negligence, the landlord is typically responsible for the repair costs. However, it's essential to review your lease agreement and insurance policies to determine the best course of action.

If your insurance or your tenants' insurance does not cover the damage, and the responsible party cannot be identified, you may need to pay for the repair out of pocket and then decide whether to pass on the cost to your tenants, depending on the terms of your lease agreement.

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