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Is a Tenant Responsible if a Pipe Breaks and Freezes Due to Leaving a Door Open

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  • 02-05-2016, 09:40 PM
    Akaimpk49
    Is a Tenant Responsible if a Pipe Breaks and Freezes Due to Leaving a Door Open
    My question involves landlord-tenant law in the State of: My question involves landlord-tenant law in the State of: Colorado .
    I live in the mountains in Colorado in a lock off apartment above my landlords second home .
    Every Thursday is trash day
    This past Thursday I got up early and went into the garage as usual and opened time garage door and in the snow and conditions it takes about 30 minutes to get all the trash and recycle out . Then I shut the door .
    I get a call from my land lord asking why the door was open and I tell him why and he says . A neighbor called him to tell him his door was open . .
    It was negative 15 outside this morning . I was on the phone now with my landlord touching everything he wanted in the garage and confirming it wasn't frozen .

    I go on about my day .
    Get a call later on from landlord telling me that since I left the house had been flooding and cause damage due to busted pipe .

    Ok mistake on my part of the door was up too long to get everyone's trash out !? But he wants me to pay the deductible at 1000$
    He also owns a racing bike that froze the motor and ruined it . He said the motor is 3k and won't be cover by insurance either ??

    I pay 1300$ for rent already .
    And 1300$ Damage deposit

    Please help .
    Do I have rights . I made a simple mistake that anyone in this house could of made am I now responsible for his deductible and motorbike ? When I live in the lock off unit upstairs . Nothing in lease stating that I need to keep the garage closed in winter or keep temps up ?
    Thanks
  • 02-06-2016, 07:10 AM
    budwad
    Re: Pipe Burst in Landlords Garage of a Lock Off an I Am Getting Held Liable
    Your landlord has an interesting understanding of liability. Just curious, is this a heated garage?

    If the bike had water cooled engines and it was not properly prepared for subzero temperatures that is not your fault. If the bike has an air cooled engines, temperature would not ruin them.

    Where did the pipe burst? In the garage? What damage was caused to the house?

    Quote:

    I was on the phone now with my landlord touching everything he wanted in the garage and confirming it wasn't frozen .
    So you have temperature senses in your hand that can tell if something is frozen.:highly_amused:

    What mistake did you make? Did you leave the garage door open all day? If it is not a heated garage and it was not open all day, it shouldn't make any difference. It would have happened door open or closed. If it is a heated garage, I can't see 30 minutes as being tooooooo long.

    Your landlord is trying to make you the scapegoat for minus 15 degrees. You can dispute his claims and come to some compromise. Where are you on your lease?
  • 02-06-2016, 08:00 AM
    jk
    Re: Pipe Burst in Landlords Garage of a Lock Off an I Am Getting Held Liable
    Was it a heated garage?
    If not, the interior of the garage will stabilize at or near ambient outside temps. That means if it was -15 outside, it was either there or close already inside the garage and the pipes would already be frozen.

    If it was a heated garage, unless the pipes were without insulation it is still unlikely what you did actually caused the freeze. They would have to drop from their temp all the way to well below freezing in that time to cause the ice to expand enough to split the pipe. Once you closed the door the temp would start to rise and prevent anymore freezing, or at least in a very short order.

    But you need pipes to freeze SOLID so the action of the ice expanding would split the pipe. Even if it froze some small section some amount, I'm just doubtful it would have caused a hard enough freeze to cause the ice to expand so much as to split the pipe.

    I suspect it was simply a matter of coincidence or at worst, what you did simply accelerated a situation that was going to happen anyway.

    as to the guys motorcycle engine;

    what doe he mean it froze it? I don't know too many bikes I can't ride in the rain without harming them. It the bike was deluged, given the short time involved, I still can't see it causing damage. Now, if water somehow entered the cylinder or crankcase and then was allowed to freeze, sure, it can do the same thing to the cylinder or case as it does to a pipe BUT, how would it freeze? Sounds like if anything he may have caused the damage himself.

    The claim of damaging the motorcycle is very suspect.
  • 02-06-2016, 09:04 AM
    adjusterjack
    Re: Is a Tenant Responsible if a Pipe Breaks and Freezes Due to Leaving a Door Open
    Quote:

    Quoting Akaimpk49
    View Post
    Do I have rights . I made a simple mistake that anyone in this house could of made am I now responsible for his deductible and motorbike ? When I live in the lock off unit upstairs . Nothing in lease stating that I need to keep the garage closed in winter or keep temps up ?

    There doesn't have to be anything in your lease that requires you to use common sense during your tenancy. Negligence is determined by a standard of care exhibited by a reasonably prudent person. When it's 15 degrees outside, a reasonably prudent person would keep the temperature up so that pipes wouldn't freeze. Think about that standard in anything you ever do about anything.

    That being said, I've handled enough frozen pipe water damage claims to be able to tell you that leaving the garage door open for 30 minutes isn't likely to be the cause of the frozen pipes unless there is the remote possibility that a pipe in the wall of the garage froze..

    It would be interesting to know exactly where the break in the pipe was. Most house water lines run through exterior walls and are exposed to the extremes of weather. If a pipe broke in an exterior wall, it likely has nothing to do with the garage door being open for 30 minutes.

    So far I don't see anything to indicate that you are responsible for the damage and you are free to say no to your landlord. If he keeps your deposit at the end of your lease, you will have to sue him for it.

    Frankly, I wouldn't offer any money in compromise and just wait and see what he does.

    Meantime, do you have renters insurance? If not, now you know why you should have it.
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