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  1. #1
    Join Date
    Feb 2015
    Posts
    1

    Exclamation Is a Tenant Responsible for Repair of a Frozen Pipe

    My question involves landlord-tenant law in the State of: Connecticut
    I am a tenant in a multi family dwelling. I was away for approximately 2 days around Jan 25, 2014 and came back to my apartment with no heat. The thermostat read displayed a temperature of 50 degrees alongside my preset temperature of 67 degrees. I also saw a low battery indicator on the thermostat. Upon seeing that, I immediately changed the batteries and called my landlord. My first reaction was to believe that the battery died or malfunctioned and communicated that to my landlord. He went to the basement to check the boiler and said that the heat was kicking in and to let him know if The problem persisted. Lo and behold, I woke up the next morning to no heat again and promptly notified him.

    He apparently got a "heating company" out to the house the next morning for repair and they found a frozen pipe. They worked to unfreeze the pipe and my landlord informed me that I would be responsible for the bill (approx $800) because my thermostat battery died, that caused the heat to go off and I could have prevented it. He stated that by not informing him of the low battery in the thermostat I was not using the heating in a "reasonable manner" in accordance with my lease agreement.

    I do recognize that I my have used the term "died" when I described the condition of the battery in the verbal conversation in a subsequent text, however I later relayed to him that the thermostat did have a digital reading which means the battery did not actually die. I had been mistaken- I am neither a plumber or in the business of repairing thermostats. I was merely making a conjecture.

    He refuses a verbal conversation on this matter and that my options are to file a claim on my renters insurance, pay him directly once he is billed or it can be removed from my security deposit. He says he can't prove the condition of the thermostat and the he can only go off of our communications where I said the "battery died". And he can only go by what the heating company advised him. He also stated that the thermostat "likely died" although he can't prove it.

    Note that my lease ends on feb 28 and I will be moving out of this residence at that time.

    Should I be responsible and is it legal or ethical for him to deduct the money from my security deposit? I have not yet agreed to pay this bill as I don't want to agree to anything unless I'm confident im responsible.

    Thank you

  2. #2
    Join Date
    Sep 2011
    Location
    OH10
    Posts
    17,019

    Default Re: Frozen Pipe- Am I Responsible As a Tenant

    I would take him to small claims if he deducts it. Tell him it is not your fault he does not change the batteries in the thermostat as part of the yearly winter maintenance, it was not spelled out you were required to do so and your responsibility ended at the point you set thermostat for a heat level that would prevent freezing had it not been for his negligent winter preparation of the building.

  3. #3
    Join Date
    Dec 2014
    Location
    not in a prison
    Posts
    732

    Default Re: Frozen Pipe- Am I Responsible As a Tenant

    digital stat,, first of all,, they run on DC power from a transformer hard wired, most likely 2wires running from the furnace, that will always control the on/off cycles of the system,, the battery inside it is for a battery backup incase the power goes out it will still remember the programmable cycles that the user can set,, if the battery dies the system will still work, but you will lose the programed cycles.

    it will never cause a system to go off and not run.

    what it sounds like happened,, could be the Pressure Switch inside the furnace itself,, these can have temporary issues that cause them to only work some of the time and can be hard to diagnose. the heat will go off and wont be able to get back on for hours. not saying that's the cause, could be a number of other things,, but the battery in your stat would never cause your issue.

    hope that helps

    ps: also your frozen pipe,, that would be the air intake or exhaust, a blocked pipe would cause the Pressure Switch not to close and system would not kick on, a frozen pipe would only happen if the unit was installed wrong to start with,, a pipe that is not pitched down for drainage would cause water to collect and freeze, no way would that be your fault as well..

  4. #4
    Join Date
    Sep 2011
    Location
    OH10
    Posts
    17,019

    Default Re: Frozen Pipe- Am I Responsible As a Tenant

    Thx Tony, I forgot that. You are correct. My HVAC knowledge is limited to what I have repaired and what I remember of it.

  5. #5
    Join Date
    Nov 2013
    Posts
    7,056

    Default Re: Frozen Pipe- Am I Responsible As a Tenant

    When the landlord check the furnace it was running. The frozen pipe was part of the hydronic heating loop which prevented the hot water from circulating. They thawed the pipe and the problem was fixed. It had nothing to do with the thermostat at all.

    Frozen heating loops are not that uncommon which is why hydronic heating systems are sometimes charged with antifreeze.

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