Who Is Responsible for Cleaning Windows?

By Robert Griswold

Question: Who is responsible for washing the outside of apartments' windows? I have rented my second-floor apartment for 16 years, and the landlord has never washed the windows. They are filthy! I asked him once several years ago if he ever washes the windows and he laughed and said, "No." With old sash-style windows, it's impossible for me to clean them from the inside. What can I do?

Tenants' attorney Kellman replies:

Tenants must take care of their dwelling and use it in a normal manner. Tenants are not responsible for damages that occur through ordinary and normal use (ordinary wear and tear). Dirt is generally not considered ordinary wear and tear. The unit must be cleaned when moving out or the landlord may deduct cleaning costs from the deposit unless the unit was very dirty when moving in.

What about cleaning during the tenancy? The law does not require cleaning by the tenant during the tenancy except if the unit is abused, and then the landlord may seek to evict for either no reason or for good cause when appropriate.

Like good arguments, windows have two sides. The insides are - or at least should eventually be - the responsibility of the tenant to clean. The outside of the windows is a different story. That is the responsibility of the landlord to maintain, but not necessarily clean. Unfortunately, building and safety housing codes do not generally require a landlord to clean the outside of the windows during the tenancy. Dirty windows are no fun, but they do not violate housing codes, nor do they create "substandard" housing regardless of whether they can be cleaned easily or not.

If you want them clean, you may have to do it yourself or, if too difficult or dangerous, you may have to hire a professional. The law imposes a duty on the landlord to maintain a safe and habitable dwelling, not necessarily one with crystal-clear window views. If clean exterior windows are a priority, have a clean-window agreement with the landlord before moving in.

Copyright 2006 Inman News.