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  1. #1
    Join Date
    Feb 2017
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    1

    Default Is a Tenant Responsible for Damage Resulting from Frozen Pipes

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

    I have a rental mobile home. The rental agreement signed by my renter says that ..."damages to plumbing caused by renters negligence is the responsibility of the renter.."'

    This renter works out of state and is gone months at a time. While our rental agreement states that she must notify us when she will be gone from the property more than 30 days, it says nothing about leaving heat running. The mobile home has a gas furnace. We do not normally experience long periods of time with Temps below fr3ezing here in Alabama. We do, however have days or a few days consecutive, where Temps reach these lows. When a freeze is expected, we notify our tenants , by text or phone, that ithe is expected to freeze...and instruct them to leave water dripping. The local weather on television instructs their viewers to do the same thing, so it is not unheard of to do so.

    We were expecting a freeze that was for cast to last 3 to 4 days. We notified this tenant by phone. She told us she had never gotten gas in the gas tank so she could not run the heat at all. She claimed she could not afford to fill the gas tank and would use space heaters when she was at home. She was 3 states away for her job and had been there for months..with no expected time to arrive back home as of yet. When we told her to leave water running she refused. Said it would make her water bill too high. We told her that if the pipes froze...and she had no heat on...and refused to leave any water running (dripping) that she would be responsible for any damages that may occur if the pipes burst.

    This woman may not come home for 2 or 3 months after the freeze has past. How would she even know the pipes had burst...water could be pouring for months until she came home and found it. And she honestly thinks this would be the landlords responsibility to repair and replace?? The pipesame are buried 18 inches deep and all exterior pipes that are showing are wrapped as they should be. Sometimes pipes freeze even when everything is wrapped aND insulated as it should be. I leave my own dripping when a freeze is expected.Seems to me that if this is the landlords responsibility should a pipe bursts as a result of no water left dripping and no heatime left on during the freeze....that it would be stupid on the part of the landlord to ever even rent the place in the first place...if a tenant isn't held responsible for doing the normal things required in taking care of a home. And leaving water dripping...and heat on to a reasonabke degree is normal in my opinion. Who is right here? Is the landlord or the tenant responsible in this case if pipes were to burst? If she refuses to leave water running....or heat on..what can I do about it? Just wait til somethjng terrible happens and the place is ruined from a water leak....or flood of water (if she is not home....it will turn into a flood!)

    Please,only responses from people who actually KNOW what the legalities here are....not just what you THINK should be the case.

  2. #2
    Join Date
    Sep 2005
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    Default Re: Is a Tenant Responsible for Damage Resulting from Frozen Pipes

    Asking a tenant to leave the water running, even for a day, is not a reasonable demand. Asking that a tenant leave water running for months is completely unreasonable.

    You can include in your lease a requirement that the tenant not turn off the heat to the premises during winter months and heat to a minimum level, while making sure that the pipes are adequately insulated as necessary to keep them from freezing within the parameters of the heating requirement. Have your lawyer draft a provision for inclusion in your lease.

  3. #3
    Join Date
    Nov 2015
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    47.606 N 122.332 W in body, still at 90 S in my mind.
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    Default Re: Is a Tenant Responsible for Damage Resulting from Frozen Pipes

    I agree until you get to the part about insulating the pipe. this would be the LL's responsibility.

  4. #4
    Join Date
    Mar 2013
    Posts
    18,340

    Default Re: Is a Tenant Responsible for Damage Resulting from Frozen Pipes

    Quote Quoting Dawn710
    View Post


    Please,only responses from people who actually KNOW what the legalities here are....not just what you THINK should be the case.
    Legalities don't matter.

    Practicalities matter.

    I owned rentals for twenty years. Here's what you have to understand.

    The ONLY one who will ultimately be responsible for ANY damage to your property from ANY cause is YOU.

    Yes, you can put something in your lease that says the tenant is responsible. But the tenant has no money. You pay.

    Yes, you can sue a tenant and get a judgment. But the tenant has no money. You pay.

    Yes, judgments are good for many, many years. But the tenant disappears or goes bankrupt and you never collect.

    You don't like the answers. You don't believe the answers. Fine. Just wait until there's thousands of dollars worth of damage to your property that your insurance won't cover. Then try to get money out of a tenant and you'll see what I mean.

    Been there.

    One solution for you is to get rid of this tenant at the earliest possible time and get a replacement who works locally, unless you want to be the one paying the heating bill so you can prevent frozen pipes.

  5. #5
    Join Date
    Nov 2015
    Location
    47.606 N 122.332 W in body, still at 90 S in my mind.
    Posts
    1,678

    Default Re: Is a Tenant Responsible for Damage Resulting from Frozen Pipes

    Quote Quoting adjusterjack
    View Post
    Legalities don't matter.

    Practicalities matter.

    I owned rentals for twenty years. Here's what you have to understand.

    The ONLY one who will ultimately be responsible for ANY damage to your property from ANY cause is YOU.

    Yes, you can put something in your lease that says the tenant is responsible. But the tenant has no money. You pay.

    Yes, you can sue a tenant and get a judgment. But the tenant has no money. You pay.

    Yes, judgments are good for many, many years. But the tenant disappears or goes bankrupt and you never collect.

    You don't like the answers. You don't believe the answers. Fine. Just wait until there's thousands of dollars worth of damage to your property that your insurance won't cover. Then try to get money out of a tenant and you'll see what I mean.

    Been there.

    One solution for you is to get rid of this tenant at the earliest possible time and get a replacement who works locally, unless you want to be the one paying the heating bill so you can prevent frozen pipes.
    And insulate the pipes. This is an issue of property maintenance and a means of protecting your property, not the tenant. At worst, the tenant is inconvenienced you'll be out far more.

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