What happens when a strong gust of wind turns into an expensive repair bill? In this case, a tenant left a window open during a storm, leading to a broken window and a debate over who should cover the repair costs.
Case Background:
The landlord sought compensation for damage to a window that had been broken. The tenant claimed that the damage occurred when wind blew a tree into the open window. The landlord, however, argued that the tenant had been careless by leaving the window open in such conditions, leading to the breakage. The landlord repaired the window after the tenant vacated the premises and sought $180.00 for the cost of reglazing.
Legal Authorities:
Section 49B: covers tenant liability for damage that is more than fair wear and tear.
Tenants are responsible for damage caused by carelessness, with their liability capped at the lesser of the insurance excess or four weeks’ rent.
Tenants are also liable for any intentional damage or damage resulting from activities at the premises that are an imprisonable offense.
Burden of Proof: The landlord must prove the damage is beyond fair wear and tear. If they do, the tenant must then show that the damage was neither intentional nor careless.
Landlord’s Response:
The landlord contended that the tenant’s failure to close the window during strong winds constituted carelessness. They argued that while the tenant did not intentionally break the window, their negligence in leaving it open in adverse weather conditions led to the damage. The landlord sought compensation for the cost of the repair, asserting that it was not fair wear and tear.
So, what was the outcome? And what are the key takeaways?
