Who should be responsible for vandalism?

By D W

I recently got my security deposit back, and got a nasty surprise: a $60 charge for a broken window. Rewind 8 months.

It’s December of 2009, 3 o’clock in the morning. We awake to the sound of breaking glass. I can hear voices outside. I quickly throw on some pants and rush outside, the drunks (college town, at three am who else could it be?) were gone, as was a chunk of our bedroom window, the one right above our heads, fortunately just the outer pane broke. I called the police, the arrived and filed a report. The next day I called my landlord, left a message (would it kill him to answer his phone once in a while?). Several weeks later his maintenence guys (great guys, btw) fix the window and all appears to be well.

And then he charges me $60 for the repairs, pulling them from my security deposit.

I called him and complained, and he points me to a specific part of the lease. In not so few words it says that the tenant shall be responsible for all damages occurring inside or outside the apartment, "not limited to damages caused by the tenant or guests".

By the letter of the lease, it lookes like I’m screwed. But is that really fair? Doesn’t this mean that were a tornado to blow through our block, I would be responsible for rebuilding? I wish you could sue for dickishness, but alas. Is there any hope for me here?

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