Has this happen to you?

Question

I from NC and the last week has been pretty cold around here. On Monday it was colder here then it has been in over 100 years. I had one of my renters call me and say that they had a water pipe to burst but that they had cut the water off. Then I was told that they were going to stay at her mothers house because it was so cold. I didn't think much about until I went to check the pipes and see what all needed to be repaired. When I got there I realized that there was no heat in the house at all and the gas had been shut off because of non-payment. I was really surprised that the pipes had busted because the house was insulated and the pipes were wrapped good but if you don't have heat and it gets as cold as it has insulation want make a difference. I told on Monday that I would repair the pipes until she let me know that she was going to be staying in the house again because if I fixed the pipes and she did not have heat then it would freeze and bust again at night. I got a voice mail today saying that she was going to try and go back in the next day or 2 so I could go ahead and repair them but she did not think that she should have to pay for rent this week because she did not stay there. In most cases I would have fix the pipes myself and thought nothing about it. When I went to repair the pipes I have sound 7 pipes that have been frozen and busted and there could be more. Should I make her pay? Thought?

Dawn Anastasi · Answer

Do you have a clause in your lease that the tenant must maintain reasonable heat in the winter? I do, for this reason. I also have a clause that the tenant must stay on top of their utilities. Either violation is grounds for eviction. In this case it sounds like it's her negligence that caused the problem and she should have to reimburse you for the repair. It was her fault there was no heat and if she didn't like it she should have simply PAID the bill. So she's not getting out of the rent payment.

Lynn McGeein · Answer

Your tenant is at fault and should be held liable, but if there's no money, it's unlikely that it would be worth the effort. I went to court with a landlord friend of mine whose tenant let the pipes burst. He did get approx $3000 judgment, but, of course, never got paid. He did get the satisfaction of hearing the judge ream out the tenant as the tenant actually thought it was okay to turn the heat off because he was out of town. I have the landlord reversion option as well in Raleigh, NC, but as Rob K. says, if they don't pay the bill, it gets shut off, not transferred back to the landlord. I will definitely look into that third party verification as the utility company never told me it was an option.

Bryan H. · Answer

I'll have to follow-up with them then. I just had this done and when I emailed with them, it seemed as if either way, it would be put in my name. Thanks for the heads up

Matthew Paul · Answer

I wouldnt fix until she has the heat turned back on , you need to protect your investment . Send her a letter , tell the tenant they are responsible for the damage , and since there is no heat , you cant have the pipes repaired until the heat is back on , and due to the lack of water they may not occupy the dwelling due to sanitary conditions . Since the tenant caused the damage there will be no reduction in rent , and repairs will be extra rent . I have the utility company contact me if utilities are shut off , the properties on well have no water without power , city water does , when I get a shut off notice , I go over and blow out the water pipes (winter only) and I disconnect the electric from the water heater ( save the elements) . When the electric is back on I will turn everything back on . If the electric isnt back on within 2 days I file to evict .

Robert Williams · Answer

It definitely sounds like the tenant is at fault in this situation. The fact that they had no heat in the house is what led to your pipes freezing. It may be tough to collect payment from the tenant for damages, so I would send a letter stating detailing the damages and what she owes for the repairs along with a statement that this amount will be withheld from the security deposit if she does not pay for the damages prior to moving out.

Anthony P. · Answer

@David Lee when you get to the point where you are ready to schedule repairs. I have a good plumber that I could recommend. He's working on a rehab of mine currently. This thread has given me something to think about. Busted pipes and freezing weather are not always top of mind in the South.. I will definitely be strengthening up future lease agreements with tenants.

Dawn Anastasi · Answer

I'm more with this than the cash for keys option.

Bill S. · Answer

You could drain the lines and fix the broken pipes. Test with air for leaks. Leave the water off with a lock. Usually you can shut it off at the City meter and they usually have a way of locking it there if there is nothing else. Usually damages due to tenant negligence are their cost but you can't get blood from a stone. I would get them out and find someone who can afford the place WITH Heat. Offer her an out, say why don't you stay at your mothers, here is a termination agreement sign it and we're done. Have your stuff out by 5 pm Sunday. You can then sue in small claims for damages in excess of security deposit. Doubt you'll get anything though. Best to move on.

Thomas Williamson · Answer

To me this falls under tenant responsibility. I have a all around gotcha clause in my lease that covers many of the unforeseen things like this. The clause says if you don't take care of my property, and damage occurs because of your negligence, then I will evict you. Your insurance should cover the damage to your home only (if you file a claim with insurance) and if the tenant doesn't pay, I would evict immediately. To me, that clearly falls under tenant responsibility. Not sure how your state would view that, but in Georgia the court would side with the property owner on that issue without a doubt.

Colleen F. · Answer

You probably need to check this out legally. First I would not fix until the heat is on. That is a catch 22 because chances are since the gas was shut off for non payment she can't pay it. Here she would have some rights to not pay rent since there is no water now but I am not sure if she was the cause of the pipe break how it would work. Most places in the Northeast there are programs for people to apply for if you can't pay your heat bill and I don't think they can shut off for non-payment in the dead of winter. We also have switch to landlord. I would advise that when you do the pipes pex is a good alternative as is it more forgiving of this kind of thing.