Security Deposit - Broken Window

[gmcelroy]

What is the name of your state? California

On 8/2007, the outer pane of a 2nd story bedroom window was shattered by vandals (inner pane still intact). Notified the landlord immediately, filed a police report and forwarded to the landlord. Then later reminded him twice regarding the broken window but it was never replaced. Since the inner pane was not broken I was not very concerned.

REPAIR & MAINTENANCE LEASE LANGUAGE:

"the landlord shall at its sole cost and expense keep and maintain the exterior walls..except when the damage is caused by abuse or negligence of the tenant".

Fast forward to 6/2008 and I'm in the process of moving out since I purchased a new home. The landlord advises that he was never notified that the window was broken. He states the window will be replaced with funds from my security deposit!!

My position is:

1) the outer pane (not the inner pane) is broken so it's part of the exterior wall for which he is responsible.
2) the damage was caused by vandals not by abuse or negligence on my part.

Does anyone else concur with this conclusion?

Thanks much.
George in California

 

[FarmerJ]

You have a copy of your police report ? or can you get one ? if the LL charges you for it in your deposit final disposition . Send your LL a letter via certified mail with a copy of the report and remind him that he was indeed notified and if he doesnt return the deposit funds you have no problem filing in small claims court and asking a judge to decide if you should get that back and any penalty because of the LL being unfair.

 

[gmcelroy]

FarmerJ...Yes, I have a copy of the police report which I already sent to him back in August......I will now resend via certified mail......Thanks much