My first inclination is that a broken window isn't necessarily negligence on the part of the landlord in any event. If a broken window that went unrepaired by the landlord eventually caused a break in or something, you may have a negligence claim at issue, but otherwise I don't necessarily see it. Further, though, a tort, such as negligence, isn't typically grounds to break an otherwise valid lease. What the broken window may indicate, however, is the failure of the landlord to provide a habitable residence. Even then, though, the remedy at law wouldn't necessarily be getting out of the lease itself. What the window issue does provide, however, is leverage to negotiate an agreement between your daughter and the landlord that amends the terms of the lease. Landlords are often reticent to do that, of course, and there's no guarantees that they'd agree, but it's an avenue worth pursuing if you're left with no other options. If she's having difficulty, however, she should consider contacting an attorney in her area to assist her.
Answered on Dec 15th, 2011 at 9:36 AM