In Massachusetts who is responsible for broken window? Landlord or tenant?

Asked almost 2 years ago - Boston, MA

I closed front door, and window shattered.

Attorney answers (4)

  1. Jon W. E. Rockwood

    Contributor Level 9


    Lawyers agree

    Answered . Your landlord is obligated to repair/replace the window, to keep the property in compliance with the state sanitary code, and or to comply with the implied warranty of habitability. However, whether he or she can make you pay for it depends on the circumstances under which it came to be broken, and as stated earlier, the terms of the tenancy. In either case, you are obligated to notify the landlord the window is broken so he/she can fix it. If it was your fault, offer to pay for it (but you can not offer to have the amount taken out of the security deposit if there is one, nor can the Landlord take the amount out of the secdep now.)

    This response contains general information about the question posted and does not contain any specific legal... more
  2. Melissa Anne Levine-Piro

    Contributor Level 14


    Lawyers agree

    Answered . Generally the landlord, but the landlord can ask you to pay for it if it seems you are responsible for the damage. Read your lease to see if there is anything that speaks to property damage. In any event, notify your landlord that the window is broken so that it can be repaired. Good luck.

    Melissa Levine is a licensed attorney in Massachusetts. All answers are based on Massachusetts law and should not... more
  3. Christopher W. Vaughn-Martel

    Contributor Level 17


    Lawyers agree

    Answered . To confirm the excellent advice of the other attorneys, it is the landlord's obligation to maintain the property consistent with minimum standards of habitability. That includes repairs to missing or defective windows and doors. That being said, if the landlord believes that you have caused damage to the property, an argument may be made that you are ultimately responsible for compensating the landlord.

    Christopher Vaughn-Martel is a Massachusetts lawyer with the firm of Vaughn-Martel Law in Boston, Massachusetts.... more
  4. Henry Lebensbaum

    Contributor Level 20


    Lawyer agrees

    Answered . It depends on the terms of the lease, and who broke it,

    Criminal Law (all misdemeanor & felonies in District and Superior Courts), Drunk Driving and Drug arrests, Sex... more

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