I rent in Newton. Our picture window cracked. We don't know why but we certainly did nothing to cause it. We notified the landlord, they replaced it. Then they slipped a bill under our door, and are claiming that because the damage was on the inside pane, it is our fault. Our reply is that the cracks emanated from the very bottom of the pane, underneath the weather stripping, and there was no evidence of damage inflicted from within. No one can determine the real cause, and as it's their property, it's their responsibility. We've notified them in email that we refuse to pay the bill. They've replied that we have to. I feel they're just trying to intimidate us into paying it in order to recover their cost 9and if we pay it's an admission of guilt). If we don't pay, what's their next move and how do we defend?
Submitted by Matt100369 on Wed, 11/03/2010 - 10:46
Broken window
I cannot predict how a judge would rule if this matter went to court (either as a small claims case or to settle a disputed deduction from your security deposit). That outcome may depend on who is the most credible witness. You don't say anything about who lives with you in the unit (kids?) and whether it is possible that someone in the unit did break the glass without your knowledge. I do believe a judge would give much weight to the fact that the window was broken on the inside. Windows do not typically just break. In any case, if you want to stay in the unit, you might consider either paying for the glass or offering to split the cost. Remember, if you are a tenant at will, you can be evicted for any legal reason, or for no reason at all. If you have a lease, it may not be renewed. Good luck.