Results 1 to 5 of 5

Hybrid View

  1. #1
    Join Date
    Aug 2015
    Posts
    2

    Default Liability for a Burst Water Line During a Tenant's Extended Absence

    My question involves landlord-tenant law in the State of: Arizona

    We rented our home in Arizona to a College Professor. She has been in the home for 4 1/2 years. She left the home on May 27th this year and was gone (and not due back) until August 18th. We received an email from her stating this yesterday. She said she had received a water bill for close to $5,000.00 and she couldn't "understand" it since she had been gone since the end of May. She stated she "didn't get a bill in July" but that she "opened" a bill this past week finding the high water bill. She said the bill had been "flat" (meaning no usage) in June. She said there must be something "wrong"...no kidding. We had our son, who is a licensed Plumber, go up to the house and make sure the water was turned OFF until he could figure out what the issue was. The City had been there and turned the water OFF at the meter on July 9th. To further complicate all of this we are 2,000 miles away, we live in a different state. She "sincerely hoped we would take care of it before she gets back on the 18th". We had her written permission to have our son go IN and check the interior of the home as he had already checked the outside. He turned the main shutoff OFF at the house and turned the meter back ON to see if the pipe from the meter to the house might be leaking....it was not. Then he turned ON the main shutoff at the house and he said "the meter was going so fast you could hardly see it turning". This meant there was a leak INSIDE the home. So, he went in. The interior of our home is destroyed. There is massive damage done. The walls in 6 rooms have black mold growing up the walls about 3 foot high...in some areas more. All the carpeting in the home is ruined, the cabinets, the doors...everything will have to be ripped out and replaced. He found that the supply line to the toilet in the master bathroom had burst, it blew a hole through the wall and into the Master Bedroom. From there it just went EVERYWHERE!

    You cannot leave a home in Arizona for months during the hottest part of the Summer with no air conditioning on to prevent the home from getting so hot OR SHUTTING OFF THE WATER. The interior of a home in Arizona in June-September can easily climb to over 100 degrees. Temps that high can destroy plastics...and come to find out she left the home EVERY SUMMER SHE HAS BEEN THERE for that amount of time. Had we known she was leaving for that length of time we would of reminded her to shut the water off at the main AND had our son check the house from time to time.

    According to her, we will have to pay for all her belongings that are ruined...and it's just about everything she owns AND THE WATER BILL. We can't see where any of this is our fault and why we should have to pay for HER negligence in not properly assuring the home would be safe in her absence. Who is right in a case like this, any suggestions? Thank you....I'm throwing up I'm so upset and my husbands blood pressure is through the roof!

  2. #2
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Tenant Left Water On, Was Not in Home for 3 Months.flooded and Destroyed Home

    did you have anything in the lease requiring the tenant to ensure the temperature does not exceed some designated temperature?

    I suggest your belief of the plastic being damaged by 100 degree temps is incorrect. Given hot water is 120-140, that would mean it would damage the plastic water piping where used every time you use hot water.

    I don't see you paying for her damages but I don't see her paying for yours either.

    but given the fact you were given notice she would be away from the home for an extended period of time, why did you not have your son go there and make sure the water was off if you believe it is necessary?

  3. #3
    Join Date
    Aug 2015
    Posts
    2

    Default Re: Tenant Left Water On, Was Not in Home for 3 Months.flooded and Destroyed Home

    We were NOT given notice, we had no idea she was gone. As I said, we're 2,000 miles away. Her lease did state she should get insurance for her belongings, I certainly hope she did because we certainly are not paying for it. The supply lines were installed new just before she moved in AND we had 1/4 turn shut-offs installed on every toilet and sink, washer, dish washer etc in the home. She wants us to pay for her to be put up in a hotel. When she emailed us this week she gave notice that she was moving out on September 18th. It's a COLD water line to a toilet, a plastic line with a plastic fitting that supplies the toilet tank. It is a totally different fitting that is used on a toilet vs a sink. As stated, my son is a plumber so he pretty much knows what he's talking about. But, I appreciate your response.

  4. #4
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Tenant Left Water On, Was Not in Home for 3 Months.flooded and Destroyed Home

    OzarkNana;904936]We were NOT given notice, we had no idea she was gone.
    my apologies. I did miss the yesterday when you referred to the email.

    It is a totally different fitting that is used on a toilet vs a sink. As stated, my son is a plumber so he pretty much knows what he's talking about. But, I appreciate your response.
    ok, then what about homes that do not have air conditioning?

    I'm not going to get into an argument about it but your son is wrong. Many homes are exposed to 100 degree heat regularly. You think everybody in the country has air conditioning? While high temperatures do cause degradation faster than when not exposed to such temperatures, temps in the 100 degree range are too commonly experienced such that a material used in construction must be able to withstand it regularly.

    but as to the fittings being different; not really (although there are many types of pipe, hose, and fittings that are commonly used). The typical plastic used is PVC and it is the same PVC used throughout the house plumbing system (where pvc is used. There are multiple types of materials used for plumbing systems starting with lead in ancient Roman times, to steel, copper, cpvc, pvc, hdpe, ldpe, and probably a few more I cannot think of at the moment). The max service temperature (recommended temp exposed to) for PVC is 140 degrees. It has a distortion temperature of 176 degrees which means that is the temp which it starts to become pliable.

  5. #5
    Join Date
    Oct 2006
    Posts
    16,474

    Default Re: Tenant Left Water On, Was Not in Home for 3 Months.flooded and Destroyed Home

    I am going to give you the same advice that I would give your tenant.

    Turn the claim into your insurance company and let them deal with who is or isn't at fault. That is their job.

    1. Sponsored Links
       

Similar Threads

  1. Repair and Maintenance: Burst Water Pipes in a Rental Home
    By NeverSolus in forum Landlord-Tenant Law
    Replies: 7
    Last Post: 01-12-2014, 09:27 AM
  2. F Visas: Do I Need to Apply for a New F1 Visa After an Extended Absence
    By Phil99 in forum Visas for Business, Tourism and Family
    Replies: 1
    Last Post: 11-11-2012, 03:38 PM
  3. Repair and Maintenance: Burst Pipes Tenant Liability
    By orangenerd in forum Landlord-Tenant Law
    Replies: 5
    Last Post: 12-23-2009, 05:20 PM
  4. Water Runoff: Burst Water Pipe on Easement in Washington State
    By nicholaj in forum Real Estate Ownership and Title
    Replies: 3
    Last Post: 08-01-2009, 06:16 AM
  5. Rent and Utilities: Water Bill After Pipes Burst
    By Wingingit in forum Landlord-Tenant Law
    Replies: 2
    Last Post: 07-03-2008, 05:47 PM
 
 
Sponsored Links

Legal Help, Information and Resources