Lease states Tenant is fully responsible for Windows

This is a discussion on Lease states Tenant is fully responsible for Windows within the Landlord vs Tenant Issues forum, part of the REAL ESTATE & PROPERTY LAW category; 7 days before we moved out, we had a broken window..this window was very high up on the house..we backed ...

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Old Jul 4th, 2012, 01:38 AM   #1
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Default Lease states Tenant is fully responsible for Windows

7 days before we moved out, we had a broken window..this window was very high up on the house..we backed up to a park in the neighborhood, could have been kids, lawn company from the city..we noticed it on A Saturday, made a maintenance request, needless to say it was never fixed that week and we were never told we were responsible for it. June 15 was our last day. June 30th we received our security deposit it was shorten by $795 part of that was a window for $375. I did not cause that crack, nor the damages. Am I 100% responsible for it? Is it not an act of god? Please help..Texas tenant
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Old Jul 4th, 2012, 01:43 AM   #2
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Default Part of security deposit withheld for repairs...

Landlord moved back in home I was renting..they withheld part of security deposit..I went by there July 3 nothing has been fixed on the home after I have been out since June 15th..they gave an itemized list and costs...BUT they aren't fixed..where did they get those amounts if they haven't been repaired? Do they have to fix them? Do they have a time frame? Please Help...Texas tenant
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Old Jul 4th, 2012, 01:47 AM   #3
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Default Re: Part of security deposit withheld for repairs...

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Originally Posted by Jsmith79 View Post
7 days before we moved out, we had a broken window..this window was very high up on the house..we backed up to a park in the neighborhood, could have been kids, lawn company from the city..we noticed it on A Saturday, made a maintenance request, needless to say it was never fixed that week and we were never told we were responsible for it. June 15 was our last day. June 30th we received our security deposit it was shorten by $795 part of that was a window for $375. I did not cause that crack, nor the damages. Am I 100% responsible for it? Is it not an act of god? Please help..Texas tenant
Quote:
Originally Posted by Jsmith79 View Post
Landlord moved back in home I was renting..they withheld part of security deposit..I went by there July 3 nothing has been fixed on the home after I have been out since June 15th..they gave an itemized list and costs...BUT they aren't fixed..where did they get those amounts if they haven't been repaired? Do they have to fix them? Do they have a time frame? Please Help...Texas tenant
Threads merged (similar issues, same poster).
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Old Jul 4th, 2012, 01:57 AM   #4
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Default Re: Part of security deposit withheld for repairs...

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Originally Posted by Jsmith79 View Post
7 days before we moved out, we had a broken window..this window was very high up on the house..we backed up to a park in the neighborhood, could have been kids, lawn company from the city..we noticed it on A Saturday, made a maintenance request, needless to say it was never fixed that week and we were never told we were responsible for it. June 15 was our last day. June 30th we received our security deposit it was shorten by $795 part of that was a window for $375. I did not cause that crack, nor the damages. Am I 100% responsible for it? Is it not an act of god? Please help..Texas tenant
Unfortunately, if you cannot prove responsibility by anyone else, nor have someone volunteer that they are liable for the window - especially since you don't seem to have a clue who did it, and you cannot prove that YOU didn't do it - you will be responsible for the damages.

You are certainly welcome to pursue whomever you feel IS responsible, prove that THEY caused the damage, and either demand payment or sue them to recover what you ended up having to pay.

Quote:
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Landlord moved back in home I was renting..they withheld part of security deposit..I went by there July 3 nothing has been fixed on the home after I have been out since June 15th..they gave an itemized list and costs...BUT they aren't fixed..where did they get those amounts if they haven't been repaired? Do they have to fix them? Do they have a time frame? Please Help...Texas tenant
What proof do you have that the items on the list have not been repaired? How were you able to get inside the property since you have left to see that no repairs have been done? And the itemized list and costs - does it include actual receipts for the allegedly completed repairs? (Or is it possible that these charges are ESTIMATED costs as opposed to ACTUAL costs?)
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Old Jul 4th, 2012, 02:27 AM   #5
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Default Re: Lease states Tenant is fully responsible for Windows

The owner sent me a text that she had mail there, I went there, she invited me in the home and I asked to see what I was charged for, she showed me..I was surprised after all this time they haven't been fixed. I did not say anything about it, I'm seeing whether not what they did was "dishonest" and in "bad faith"..No actual repairs receipts..the form stated a paragraph and a total..I then emailed and asked for an itemized list and cost for each..it never stated estimated or actual costs..
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Old Jul 4th, 2012, 02:30 AM   #6
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Threads merged (similar issues, same poster).
I'm sorry, Ive never done this before..I was looking at it as different issues. Thank you for the help.
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Old Jul 4th, 2012, 02:33 AM   #7
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Default Re: Lease states Tenant is fully responsible for Windows

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I'm sorry, Ive never done this before..I was looking at it as different issues. Thank you for the help.
No worries. Two questions, both having to do with deductions from the security deposit.
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Old Jul 4th, 2012, 02:37 AM   #8
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Default Re: Lease states Tenant is fully responsible for Windows

Quote:
Originally Posted by Jsmith79 View Post
The owner sent me a text that she had mail there, I went there, she invited me in the home and I asked to see what I was charged for, she showed me..I was surprised after all this time they haven't been fixed. I did not say anything about it, I'm seeing whether not what they did was "dishonest" and in "bad faith"..No actual repairs receipts..the form stated a paragraph and a total..I then emailed and asked for an itemized list and cost for each..it never stated estimated or actual costs..
Of course, if they are trying to charge you for repairs that aren't being done, it is totally dishonest and in bad faith - but you need PROOF.

I suggest that you try to get in there AGAIN, and get photo or video to show that the repairs have not been done - and make sure that there is evidence of a date that the video was taken to go with it.
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Old Jul 4th, 2012, 02:58 AM   #9
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Default Re: Lease states Tenant is fully responsible for Windows

I don't think I will be able to get back in, her husband called me and advised me not to speak with them anymore that they hired a property management company, they did and that's who we went thru when we paid, I advised him his wife is the one who contacted me. I'm worried about taking them to court to the JP there seems to be gray in areas...I wish lawyers didn't cost so much. I would hate for it to go the wrong way for me. I did record our conversation, she is not aware of it, and I wasn't able to take any photos. I'm disgusted by it, I feel like I was taken advantage of and obviously I'm losing sleep over it!

The broken window..if I were to call the city that mows the park, maybe they hit a rock, I believe it's possible that's what happened. I'm not sure, if I did the damage I would be 100% ok with it, and per my lease its damages, doesn't state high or low windows. I wish it were easier to decide on what to do and be fair about it..
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Old Jul 24th, 2012, 04:35 PM   #10
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Default Re: Lease states Tenant is fully responsible for Windows

IF the repairs have been made there will be receipts to show for it...they have to give you copies of those receipts, they can't just give you estimates.
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