Tenant Refusing To Turn on Heat In Winter In Order To Save

[Victor N.]

I have a new tenant who recently moved in the 2nd floor apartment ( 2BR, 1BA) of a 2 unit building. Her unit was completely remodeled. Brand new kitchen appliances, windows, baths, floors, gas water heater, gas furnace etc. She is a teacher and also super busy with her church so she's barely home. She lives alone. She keeps the apt in an immaculate condition. All this to say that I like her as a tenant and we get along great!

My only problem is that she refuses to turn on the heat even though its now winter and we are in the northeast. I have explained to her on several occasions the potential problems if she does not turn on the heat ( frozen pipes, etc...). When I replaced the furnace a couple of months ago, I also installed a new 7 day programmable thermostat. Im currently renovating the 1st fl apt and turned on the heat.

The water heater and furnace both use gas and she already has the gas bill in her name. I guess she's trying to keep her gas bill at the minimum.

Is there anything I can do to force her to turn on the heat? Is there any state statute dealing with this issue? I did a quick search and all I found was issues with landlords not turning on the heat or keeping it too low when its included in the rent.

The way I see it, I have 2 options: 1) inform her of her responsibility to turn on the heat or be liable for any damages caused by the cold weather or 2) turn on the heat myself. Im leaning towards option 2 because option 1 will be too costly if the pipes freeze, heat exchanger of the furnace crack, etc and there's no guaranty she will pay for the repairs.

What do you think? Have any of you run into this problem? If so, what did you do? Thanks!

[Erik Hitzelberger]

I'll say what everyone has danced around, she is not a good tenant. She may me a nice person, great employee, perfect family member, and deserving of many platitudes, but she is a freaking lousy tenant! She is exposing you to risk just as she would be if she breeding fight dogs or making meth.

This is your investment. Good tenants help you protect your investment. She is not going to, so she needs to leave.