Responsibility for Damages Caused by a Guest Who Turned Off the Heat

I recentely rented a home only for 1 night during new years eve, along with 10 other friends. Before departing the next day, it seems like someone among my friends turned off the heat. Nobody lives in that home, and the landlady uses the home as a vacation home.
2 days later the land lady called me and said that some of the pipes are frozen and the maid has turned ON the heat. A day later she informs me that 2 of the pipes bursted (some water on the floor) and she is working with the plumber to get it fixed. She is asking me to pay for the entire damages.
a) she calims that its written on the agreement that i needed to leave the heat on before departing.
b) I rented only for 1 night, and I did not know that maid would show up after 2 days.
Is there any way I can avoid paying for damages ?


Thanks

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Quoting Adam1

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a) she calims that its written on the agreement that i needed to leave the heat on before departing.

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When you directed your eyeballs to your copy of the agreement, did you find that her assertions was correct?

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Quoting Adam1

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b) I rented only for 1 night, and I did not know that maid would show up after 2 days.

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And?

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Quoting Adam1

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I recentely rented a home only for 1 night during new years eve, along with 10 other friends. Before departing the next day, it seems like someone among my friends turned off the heat. Nobody lives in that home, and the landlady uses the home as a vacation home.
2 days later the land lady called me and said that some of the pipes are frozen and the maid has turned ON the heat. A day later she informs me that 2 of the pipes bursted (some water on the floor) and she is working with the plumber to get it fixed. She is asking me to pay for the entire damages.
a) she calims that its written on the agreement that i needed to leave the heat on before departing.
b) I rented only for 1 night, and I did not know that maid would show up after 2 days.
Is there any way I can avoid paying for damages ?


Thanks

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Had someone in your party not turned off the heat, the pipes would not have frozen. It doesn't matter that the maid showed up 2 days later. The pipes burst when the froze...its just that no one knew they burst until the heat got turned back on and the ice in the pipes melted.

You are responsible.

That was an expensive rental. Next time I suggest you confirm the premises are properly secured before leaving.

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Quoting Adam1

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Is there any way I can avoid paying for damages ?

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No.

You rented the place.

You're responsible for any damage caused by you or your friends.

You pay.

Then, if you can figure out which friend turned off the heat, you are free to seek reimbursement.

Or, you can ask all your friends to chip in to cover what you have to pay. You'll find out who your friends are that way.

Hi adjusterjack.

I just got a copy of my signed lease contract. No where in the contract does it say that I need to keep the heat at a particular temperature or any other heat regulations. All it says is, throw the linens on the floor and empty the thrash. I did exactly the same and left the house in a perfect condition.
Now since the contract has no mention of heating regulations, am I still liable ?

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Hi .

I just got a copy of my signed lease contract. No where in the contract does it say that I need to keep the heat at a particular temperature or any other heat regulations. All it says is, throw the linens on the floor and empty the thrash. I did exactly the same and left the house in a perfect condition.
Now since the contract has no mention of heating regulations, am I still liable ?

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Quoting Adam1

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Hi adjusterjack.

I just got a copy of my signed lease contract. No where in the contract does it say that I need to keep the heat at a particular temperature or any other heat regulations. All it says is, throw the linens on the floor and empty the thrash. I did exactly the same and left the house in a perfect condition.
Now since the contract has no mention of heating regulations, am I still liable ?

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There are two types of liability.

Liability arising out of a contractual obligation and liability arising out of negligence.

Just because the contract doesn't specify heating doesn't mean you aren't liable. You have to read the whole contract to determine what is your responsibility for damage to the property from any cause including negligence.

If the contract is silent on all that your next step is to determine if you were negligent (or vicariously negligent) in causing the damage.

Brief definition of negligence: You have a duty to exercise a certain amount of care when you have temporary possession of another person's property. If you fail to exercise that care you could be responsible for damage that occurs to that property.

To determine the level of care a court would apply a standard based on what a "reasonably prudent person" would do in the same circumstances.

Would a "reasonably prudent person" living in a climate where freezing weather is a common occurrence recognize that pipes freeze and burst if the heat is left off in the house. My opinion: Yes, I think so.

I also think that you have some legal responsibility for the behavior of your guests since you are the one that rented the place and invited them in.

You are free to say no to the owner and wait and see if she (or her insurance company) comes after you with a lawsuit. There's always a chance that nothing will come of it.

By the way, in what state is the property located?

The propery is located in the State of Michigan, but both the land lady and I live in Illinois. She said she is not ready to claim insurance, and I have to pay for all damages.

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Quoting Adam1

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The propery is located in the State of Michigan, but both the land lady and I live in Illinois.

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The issue will be governed by the laws of the state where the property is located but if you get sued it would likely be in IL where you live.

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Quoting Adam1

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She said she is not ready to claim insurance, and I have to pay for all damages.

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What's she going to do if you say no?

She'll probably have no choice but to file an insurance claim.

Once she does that, the insurance company might not be able to come after you under Michigan law.

See Michigan in the following article:

http://www.mwl-law.com/wp-content/up...-50-states.pdf

Of course, that goes out the window if she just sues you without filing an insurance claim.