Nah, I'm telling you, people who live here do not give a shit about each other. A few months back, someone was evicted by and barred from the premises by court order (common sight in this building). I guess he still had some stuff in that basement apartment, because he made a hell of a racket tearing the fuck out of that window and himself breaking in. Not until his crazy ass was wandering the halls bleeding the fuck out (because he didn't want to get caught violating the court order, maybe) did anyone call the cops or a meat wagon. Looked like someone got murdered in the stairwell. They had to replace all the carpet.
Oh man that sucks. No, fortune did not smile upon you at any point in the whole ordeal. I'm somewhat familiar with rental agreements in California but haven't a clue how things roll in your neck of the woods. Taking your story at face value, and in my opinion, you shouldn't pay a dime.
Aw that's a really horrible thing to happen If that had happened here, unfortunately we'd go with what the majority are saying in that the latch is the landlord's responsibility but the broken glass would be yours (all broken glass is the responsibility of the tenants in our agreements anyway). The only way we would put the onus onto the landlord is if the tenant had reported the latch as faulty and no repairs were made. Otherwise, damage like that would have to be put good by the tenant or the repairs would be taken from the bond and it's just one of those crappy things that happen. A tenant can't deny responsibility for the result of their actions just because they don't own the building.
No idea about Omaha, but that's standard for lease agreements in Boston, too. The faulty lock isn't landlord negligence unless it has been reported. I'm a landlord, and I would want to know about the lock and fix it. But I rely on the tenant to give me that information.
I doubt you will have to pay. you've been there a long time and always pay your rent on time, and it's not some guy....it's a company. they'll fare better in the long run by paying to fix damages like this and keeping the few tenets who reliably pay their rent, IMO. now if it'd been at a richdale-owned property, you'd be fucked. i think the fact that your apartments are hideous and cheap but run by a reputable company will help you out here.
The landlord replaced a window for us, but it is kind of a unique situation. Our building is on a hill, so while from the front of the building we're on the second story, and our patio on the side is a few feet above the ground, our back windows are about 5 1/2 feet up the wall from the inside and 6 six inches above the asphalt of the back the parking lot. A neighbor backed their van (with trailer hitch) into our window, breaking it. I don't think you can put that on the tenant.
Oh yeah, if I locked myself out and then broke a window getting back in that would most definitely not be covered. I was just speaking to the 'windows are always on the tenant' rule.
Though I'm not sure how you can put it on the landlord either, to tell you the truth. And it's a mystery why you wouldn't put it on the neighbour.
Hmmm. A little bit of a tough call... While I agree that the patio door should not have locked on you, I'd have to say you're responsible for the glass UNLESS there was NO other reasonable option open to you. Is your complex so devoid of other residents that flagging down a passerby and asking them to get the manager was not an option? Even if you had to wait, say, 30 minutes for someone to come by? Edit: read the thread, sounds like you might've tried that.
I think the reasoning is historically windows were single glazed and therefore fragile and prone to breakages. As landlords don't inhabit the properties and effectively paying rent grants the tenant 'quiet enjoyment of the property' and temporary bought ownership rights (I.e a landlord cannot enter without permission even if previously agreed or with notice) it would be expected that the tenant would have insurance for repairs to glazing (along with contents insurance) for accidental breakages or pursue the third party responsible. Same goes for blocked drains. They're the tenants responsibility too because we generally have crappy Victorian drainage systems which become easily blocked by tenants tipping fat down plug holes and flushing nappies and sanitary products. Drains in need of repair because if cracks etc usually fall on the landlord of water authority. Tenants have a lot of rights to good condition of the property but some try to rip the proverbial and think they can do whatever they please at the landlords cost.
The landlord had to replace the window because it's a security issue. He would be liable if somebody stole Ancalagon's beer collection through the broken window. But he can and likely did bill the neighbor.
I have to wonder whether Uncle Albert now resides in county jail as a result of this tragic incident.
You'd have thought he would have tried to break a smaller window or jiggled the lock as a loose latch can often be opened via vigorous jiggling of the door. I learned that as a latch key kid when my older sister forgot to put the key back under the mat one day so I had to figure out a way into the house or just be happy sitting in the backyard.
Actually, yeah, it probably was in that you probably didn't have the lock/unlock lever pushed down all the way to the unlocked position. It's easy to do, most of us don't look at such things all that closely, but you likely had it only partially the way there thus why it latched.