NorthernLiberties.org - A Community Bulletin Board - Northern Liberties, Philadelphia

bushmeister0

IP: 68.162.104.67

May 13, 08 - 3:45 PM

My slumlord and the broken window

About a month ago I inadvertantly broke a window in my apartment by simply trying to close it. It is really old and it stuck a bit and, I guess, I put a little bit too much pressure on the glass as I forced down the metal part. The thing just shattered, like it was totally brittle.

Anyway, I've been asking my landlord to fix it ever since and yesterday when all that wind and rain was blowing into my bedroom it really came to a head.

The upshot is, after totally ignoring the fact that one of his apartments has a broken window, easily seen from the street, he feels he doesn't beleive the thing just broke and he wants me to repair it -- and pay for it, to boot!

Aren't landlords required to repair things in their own apartments? Does anyone know what the law says in Philly about this? I tried calling L & I and they just put me on permanent hold and the city website is useless. It's supossed to rain again on Thursday, I need help!

deb

IP: 76.99.37.241

May 13th, 2008 - 4:31 PM

Re: My slumlord and the broken window

Actually it depends on what is written in your lease. You admit that you caused the window pane itself to break so more then likely yes you need to fix that. However since the window itself is not in correct working order, depending how the lease is written yes your landlord may need to pay for a new window that properly works. You should look at your lease under the repairs section and see whats written.

Mary

IP: 205.188.116.8

May 13th, 2008 - 4:51 PM

Re: My slumlord and the broken window

Is that a storm window that you can take out, or a permanent one? If you can remove it, justtake it to Kesslers and get the darn thing fixed. If you can't remove it, well, that's a more expensive matter.

Isaac

IP: 76.98.250.94

May 13th, 2008 - 6:18 PM

Re: My slumlord and the broken window

Essentially, your landlord is responsible for maintaining the apartment at a level minimally fit for human habitation, and you are entitled under the law to "quiet enjoyment" of your apartment. Basically this means that you are entitled to live there free of any nuisances or defects in the property that prevent you from using it as it was intended. This of course includes such things as providing windows to keep out inclement weather, and you are entitled to live in your apartment as it is indoor shelter from the rain.

I would consult your lease and read it very carefully. Your landlord is responsible for maintaining the upkeep of the property as long as you did not maliciously break the window. It sounds from your account like the window breaking was an accident. Thus, your landlord should fix the window.

If you need any more help with this issue please feel free to be in touch at ifslepner@gmail.com. The above should not be considered legal advice, just friendly advice from one neighbor (who happens to be a lawyer) to another.

landlord

IP: 76.99.26.169

May 13th, 2008 - 9:11 PM

Re: My slumlord and the broken window

you broke the window....and the landlord supposed to fix it?

Jordan

IP: 70.20.226.192

May 13th, 2008 - 9:33 PM

Re: My slumlord and the broken window

Written leases usually state who is responsible for different kinds of repairs. If the lease doesn't say who is responsible for repairs, the general rule is the landlord is responsible for major repairs and repairs due to normal use of the property.

However, if the landlord can show you caused the damage, you will most likely be held responsible for repairing the it.

Here is a link to the Pennsylvania Landlord Tenant Act of 1951:

http://www.attorneygeneral.gov/uploadedFiles/Consumers/landlord_tenant_act.pdf

And this is helpful:

http://www.attorneygeneral.gov/consumers.aspx?id=405

Your situation is a bit in the middle... meaning it comes down to how well you can argue the window was a piece of crap and broke due to normal wear and tear on the property.

...

IP: 146.145.179.106

May 14th, 2008 - 10:03 AM

Re: My slumlord and the broken window

Generally if you are the cause of the defect then you are required to fix it (if you accidently punch a hole in the wall, clog your toilet with paper towels, break a door, etc.). If you were your landlord would you believe the window broke from closing it? Probably not. Your lease should specify who is responsible for what.

girltalk

IP: 209.204.103.6

May 14th, 2008 - 6:05 PM

Re: My slumlord and the broken window

You need to access a truth in renting handbook, which will list all the rights of the tenent and responsibilities of the landlord. I have used it many times to get landlords to fulfill their duty. You can also withhold your rent if it is placed in an interest bearing account, or Escrow account until repairs are made.

Philly Landlady

IP: 64.12.116.8

May 15th, 2008 - 8:55 AM

Re: My slumlord and the broken window

Hi, be careful of the advice to withold rent. You may be evicted the next thing you know. You broke the window, accident or not. The best thing you can do is discuss this with your Landlord & stop referring him as a Slum Lord. Maybe he will split the cost with you or have the repair done & deduct from your security deposit, if you cannot afford the repair at this time. Everything is always better if you treat people as you would want to be treated.

Jordan

IP: 129.32.67.64

May 15th, 2008 - 11:17 AM

Re: My slumlord and the broken window

It's my understanding that if he can't afford to repair the window, but it's letting storm water get in, the landlord has to fix the window but can charge him for it. If it's ultimately left unpaid, the landlord can deduct cost to fix the window from his security deposit.

If the landlord refuses to fix the window and continues to let the property deteroriate, the resulting property damage is going to be the landlord's problem since he failed to mitigate his own damages.

In short, this is probably coming out of the security deposit. The landlord needs to fix it, but tenant may end up paying for it since tenant broke it.

Best case scenario is to write the landlord a letter explaining what happened. At the very least, this way he can't deny he knew about it 6 months down the road when there's huge amounts of water damage from the window. At the best, maybe he'll agree that the break was normal wear and tear.

Mister T

IP: 72.164.26.214

May 15th, 2008 - 11:31 AM

Re: My slumlord and the broken window

If a renter turns on the faucet and it breaks, he/she is not responsible for the broken faucet. That is a fixture that has failed due to normal usage. The landlord has the responsiblity to repair and/or replace the faucet in a timely manner. How is this different. A tenant is permitted, and expected, to open and close the windows of the unit rented. If the window is in disrepair and breaks upon opening or closing, the landlord has to repair it. Otherwise the landlord would let each fixture of the unit fall apart, and each time something broke the landlord would force the tenant to replace it. Remeber the Landlord, not the tenant, owes these fixtures.

That being said, if the tenant was negligent or careless and broke the window, say by throwing something at it, that would not be the landlord's responsiblity. Renters get to use their unit, and the landlord is responsible to maintain the unit for customary usage.

P.S. I also agree that you should not refer to him/her as a slumlord on this page. It is always easy to insult someone behind there back.

Jordan

IP: 129.32.67.54

May 15th, 2008 - 11:50 AM

Re: My slumlord and the broken window

Mister T,

It is arguably different because the tenant "put a little bit too much pressure on the glass as [he] forced down the metal part."

Mister T

IP: 72.164.26.214

May 15th, 2008 - 12:10 PM

Re: My slumlord and the broken window

Ah, however he said the window stuck so added force was necessary to close the window. Again, the landlord is required to make sure these fixtures work properly. If the window sticks and the tenant is attempting to free it so it will close, and it breaks, I would side with the tenant. Now if the tenant was careless, and or did something out of the ordinary to free the stuck window (say use a jackhammer) I might side with the landlord.

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Author	Comment
bushmeister0 IP: 68.162.104.67 May 13, 08 - 3:45 PM	My slumlord and the broken window About a month ago I inadvertantly broke a window in my apartment by simply trying to close it. It is really old and it stuck a bit and, I guess, I put a little bit too much pressure on the glass as I forced down the metal part. The thing just shattered, like it was totally brittle. Anyway, I've been asking my landlord to fix it ever since and yesterday when all that wind and rain was blowing into my bedroom it really came to a head. The upshot is, after totally ignoring the fact that one of his apartments has a broken window, easily seen from the street, he feels he doesn't beleive the thing just broke and he wants me to repair it -- and pay for it, to boot! Aren't landlords required to repair things in their own apartments? Does anyone know what the law says in Philly about this? I tried calling L & I and they just put me on permanent hold and the city website is useless. It's supossed to rain again on Thursday, I need help! Email: bushmeister0@hotmail.com
deb IP: 76.99.37.241 May 13th, 2008 - 4:31 PM	Re: My slumlord and the broken window Actually it depends on what is written in your lease. You admit that you caused the window pane itself to break so more then likely yes you need to fix that. However since the window itself is not in correct working order, depending how the lease is written yes your landlord may need to pay for a new window that properly works. You should look at your lease under the repairs section and see whats written. Email: fiestyredhead77@yahoo.com
Mary IP: 205.188.116.8 May 13th, 2008 - 4:51 PM	Re: My slumlord and the broken window Is that a storm window that you can take out, or a permanent one? If you can remove it, justtake it to Kesslers and get the darn thing fixed. If you can't remove it, well, that's a more expensive matter.
Isaac IP: 76.98.250.94 May 13th, 2008 - 6:18 PM	Re: My slumlord and the broken window Essentially, your landlord is responsible for maintaining the apartment at a level minimally fit for human habitation, and you are entitled under the law to "quiet enjoyment" of your apartment. Basically this means that you are entitled to live there free of any nuisances or defects in the property that prevent you from using it as it was intended. This of course includes such things as providing windows to keep out inclement weather, and you are entitled to live in your apartment as it is indoor shelter from the rain. I would consult your lease and read it very carefully. Your landlord is responsible for maintaining the upkeep of the property as long as you did not maliciously break the window. It sounds from your account like the window breaking was an accident. Thus, your landlord should fix the window. If you need any more help with this issue please feel free to be in touch at ifslepner@gmail.com. The above should not be considered legal advice, just friendly advice from one neighbor (who happens to be a lawyer) to another. Email: ifslepner@gmail.com
landlord IP: 76.99.26.169 May 13th, 2008 - 9:11 PM	Re: My slumlord and the broken window you broke the window....and the landlord supposed to fix it?
Jordan IP: 70.20.226.192 May 13th, 2008 - 9:33 PM	Re: My slumlord and the broken window Written leases usually state who is responsible for different kinds of repairs. If the lease doesn't say who is responsible for repairs, the general rule is the landlord is responsible for major repairs and repairs due to normal use of the property. However, if the landlord can show you caused the damage, you will most likely be held responsible for repairing the it. Here is a link to the Pennsylvania Landlord Tenant Act of 1951: http://www.attorneygeneral.gov/uploadedFiles/Consumers/landlord_tenant_act.pdf And this is helpful: http://www.attorneygeneral.gov/consumers.aspx?id=405 Your situation is a bit in the middle... meaning it comes down to how well you can argue the window was a piece of crap and broke due to normal wear and tear on the property.
... IP: 146.145.179.106 May 14th, 2008 - 10:03 AM	Re: My slumlord and the broken window Generally if you are the cause of the defect then you are required to fix it (if you accidently punch a hole in the wall, clog your toilet with paper towels, break a door, etc.). If you were your landlord would you believe the window broke from closing it? Probably not. Your lease should specify who is responsible for what.
girltalk IP: 209.204.103.6 May 14th, 2008 - 6:05 PM	Re: My slumlord and the broken window You need to access a truth in renting handbook, which will list all the rights of the tenent and responsibilities of the landlord. I have used it many times to get landlords to fulfill their duty. You can also withhold your rent if it is placed in an interest bearing account, or Escrow account until repairs are made. Email: peircecollege2006@yahoo.com
Philly Landlady IP: 64.12.116.8 May 15th, 2008 - 8:55 AM	Re: My slumlord and the broken window Hi, be careful of the advice to withold rent. You may be evicted the next thing you know. You broke the window, accident or not. The best thing you can do is discuss this with your Landlord & stop referring him as a Slum Lord. Maybe he will split the cost with you or have the repair done & deduct from your security deposit, if you cannot afford the repair at this time. Everything is always better if you treat people as you would want to be treated. Email: Phillylandlady101@comcast.net
Jordan IP: 129.32.67.64 May 15th, 2008 - 11:17 AM	Re: My slumlord and the broken window It's my understanding that if he can't afford to repair the window, but it's letting storm water get in, the landlord has to fix the window but can charge him for it. If it's ultimately left unpaid, the landlord can deduct cost to fix the window from his security deposit. If the landlord refuses to fix the window and continues to let the property deteroriate, the resulting property damage is going to be the landlord's problem since he failed to mitigate his own damages. In short, this is probably coming out of the security deposit. The landlord needs to fix it, but tenant may end up paying for it since tenant broke it. Best case scenario is to write the landlord a letter explaining what happened. At the very least, this way he can't deny he knew about it 6 months down the road when there's huge amounts of water damage from the window. At the best, maybe he'll agree that the break was normal wear and tear.
Mister T IP: 72.164.26.214 May 15th, 2008 - 11:31 AM	Re: My slumlord and the broken window If a renter turns on the faucet and it breaks, he/she is not responsible for the broken faucet. That is a fixture that has failed due to normal usage. The landlord has the responsiblity to repair and/or replace the faucet in a timely manner. How is this different. A tenant is permitted, and expected, to open and close the windows of the unit rented. If the window is in disrepair and breaks upon opening or closing, the landlord has to repair it. Otherwise the landlord would let each fixture of the unit fall apart, and each time something broke the landlord would force the tenant to replace it. Remeber the Landlord, not the tenant, owes these fixtures. That being said, if the tenant was negligent or careless and broke the window, say by throwing something at it, that would not be the landlord's responsiblity. Renters get to use their unit, and the landlord is responsible to maintain the unit for customary usage. P.S. I also agree that you should not refer to him/her as a slumlord on this page. It is always easy to insult someone behind there back.
Jordan IP: 129.32.67.54 May 15th, 2008 - 11:50 AM	Re: My slumlord and the broken window Mister T, It is arguably different because the tenant "put a little bit too much pressure on the glass as [he] forced down the metal part."
Mister T IP: 72.164.26.214 May 15th, 2008 - 12:10 PM	Re: My slumlord and the broken window Ah, however he said the window stuck so added force was necessary to close the window. Again, the landlord is required to make sure these fixtures work properly. If the window sticks and the tenant is attempting to free it so it will close, and it breaks, I would side with the tenant. Now if the tenant was careless, and or did something out of the ordinary to free the stuck window (say use a jackhammer) I might side with the landlord.