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CalAttorney2, Lawyer
Category: Consumer Protection Law
Satisfied Customers: 10244
Experience:  I am a civil litigation attorney representing individuals and businesses.
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I live in a 2 bedroom apartment with my son..About a year

Customer Question

My name is***** and I live in a 2 bedroom apartment with my son..About a year ago My son was in his room sleeping. Jesse Sleeps under his window. and the window feel down and broke whichc aused him to get 7 stitches in his index finger. I work full time during the week so Jesse told the building service guy and he told my son that we had to put a board up in the window. This does not seem acceptable. I am in the middle of writing the building owners/management.Donohoe real estate service about what the policies are here. I believe this building has some faulty window locks, these are the locks that hold the windows in place and can be disengaged when you want to clean the outside of the window. I can tell you my son does not clean the outside of his windows in his room. I am not sure what I can do or who i liable..
Submitted: 2 years ago.
Category: Consumer Protection Law
Expert:  CalAttorney2 replied 2 years ago.

I am sorry to learn about this situation.

As it appears you are currently working with the management/owners to resolve the dispute, I would recommend that you do try to resolve this informally. When working to resolve a dispute like this, ensure that you keep careful documentation of your correspondence and communication (if you talk to someone by phone, or in person, promptly follow up with a "confirmation letter" that summarizes your conversation, who you spoke to, and what any agreements you reached were, or any action that was to take place).

The management should both repair your unit promptly, and compensate you for your son's injuries.

If they do not do so, you can try mediation (contact your local bar association for referrals to landlord/tenant mediators) usually a third party neutral can help you reach a mutually agreeable resolution without having to go through the time and expense of a civil lawsuit.

If none of this works, then you can file a small claims suit against the owner and the management company for "breach of contract" (the lease agreement), and for negligence. See: