Negligence causes pipes to freeze. Who is at fault?

[Dan Crenshaw]

Every time my tenant would leave, they would turn their heat off (hwbb) to save money. I told them not to do that because you’re not really saving that much AND the cost of a frozen or ruptured pipe is WAY more that what they would ever save on a gas bill. SO......about a month later, they say they have no heat after being away for a few days. Come to find out, one of the sections along an exterior wall is frozen. It costs $400 to unfreeze and get the water moving again. There is no way that pipe freezes with 170° water moving through it, so the heat had to be turned off (yet again) for a period of time. Who is responsible for the cost of the service call?

[Justin Hennig]

We have an “Inclement Weather” clause in our lease that requires heat be left to a specified minimum and windows remain closed and if this is not followed, tenant is responsible for frozen pipes or other conditions related to not following this. Never had an issue since adding this clause!

Here it is, verbatim:

INCLEMENT WEATHER: Tenant shall close all windows, doors, and other building openings
tightly when leaving the premises to prevent damage from the elements to the premises. When
tenants are away from the premises during the heating season, the thermostat shall be placed at a
minimum of 60 degrees to avoid freezing of pipes and other damage. If this is not followed,
tenant(s) is/are responsible for damages and all costs caused by frozen pipes and open doors or windows.

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