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

Jon Holdman

Rental Property Investor · Mercer Island, WA · Member since 2008 · 22k+ posts · 14k+ votes

12y

She's also likely to be causing your tenant in the lower unit to have a higher heating bill. Have you ran this by your landlord/tenant attorney?

Bill Gulley

Investor, Entrepreneur, Educator · Springfield, MO · Member since 2009 · 21k+ posts · 12k+ votes

12y

Simple, point out her responsibility for safekeeping of the property. If any damage arises from her negligence she will be getting the bills for damages, plus costs of collecting which you bill as well as your attorney in addition to the termination of her lease. You can also tell her to call the utility company about the best way to save, as turning off heat and on is not efficient having to run longer blasting out cold air as opposed to leaving it set at a lower temp. :)

OP

Investor · Meriden, CT · Member since 2013 · 201 posts · 145 votes

12y

@Matt M,

The thermostat is in her apartment and only controls the heat in that apartment. And the gas bill is in her name. I thought about the lock but I think that it will be illegal to lock/ restrict her access to the thermostat since she's the one paying for the gas bill. Thanks for the suggestion though.

Colleen F.Pro Member

Investor · Narragansett, RI · Member since 2013 · 8k+ posts · 4k+ votes

12y

I know you can get a thermostat with a maximum limit I think you can get one with a minimum but I am not sure if they come without an off switch. We have the minimum temperature clause in the lease with our students but I guess it is late for that.

Michaela G.

Investor · Atlanta, GA · Member since 2013 · 3k+ posts · 3k+ votes

12y

Most leases have a clause that state that she has to keep the pipes from freezing.

You can give her a cure of leave notice. While you might not want to lose the tenant, it'll likely wake her up and rethink things

OP

Investor · Meriden, CT · Member since 2013 · 201 posts · 145 votes

12y

@Bill Gulley,

Yes, I informed her of her responsibilities and liabilities. By the way, she doesnt turn on the heat then turn it off: she has never turned it on. she uses a small table top electric heater when she's home.

Your suggestion is my "option 1" which Im afraid will be too costly for both of us.

Account Closed

Investor · Central Valley, CA · Member since 2012 · 6k+ posts · 3k+ votes

12y

Is she month to month? You may want to find out what you can legally add to a future lease. Something like: Tenant will maintain interior temperature of unit at a minimum of 50 degrees. This is especially important for when tenants go on vacation for a week and turn the heat off all the way off. But you definitely want to find out what's legal in your state.

Lynn McGeein

Real Estate Agent · Virginia Beach, VA · Member since 2012 · 2k+ posts · 1k+ votes

12y

I know in Virginia my friend had a similar issue (side-by-side duplex, though, not second floor) and he was not proactive, just warning them several times verbally. He ended up suing them for the $3000 in damage caused when the pipes burst in the laundry room and flooded the kitchen. While he had the satisfaction of the judge reaming out the tenant verbally, he never saw a dime of the money after the judgment. I would notify her in person and in writing (big note on her door) including quoting the clause in the lease where she is responsible, and tell her you will be inspecting to insure the heat remains on, high enough to protect your unit, or she will be breaking the terms of her lease and also liable for any damage done in the downstairs unit as well.

OP

Investor · Meriden, CT · Member since 2013 · 201 posts · 145 votes

12y

@Collen F. & @Michaela Graham,

Great suggestions!!! Unfortunately for me I do not have the minimum temperature clause in my lease. All future leases will definitely have it!

The cure or leave notice is a great idea and Im considering it. Hopefully that's enough to resolve the issue. Im also trying to be very careful and diplomatic because she is otherwise a dream tenant ( except for issue off course).

Steve Babiak

Real Estate Investor · Audubon, PA · Member since 2009 · 13k+ posts · 8k+ votes

12y

I have a one page lease addendum to cover this, that is executed with every tenant and every lease. It is only one paragraph, but in consumes the ENTIRE page because I use a HUGE font. No excuses for being unable to read or understand it. They must keep the temperature at a minimum of 50 degrees F.

Andrea M.

Real Estate Investor · Hampton, VA · Member since 2012 · 562 posts · 109 votes

12y

Send her a certified letter (keep a copy for yourself) with your concerns of her not turning on the heat and the problems that can occur with frozen pipes and repair cost in which she will be liable for if she doesn't comply.

Is she using space heaters instead? I would also try to contact the code compliance department for advice.

Michael Seeker

Investor · Louisville, KY · Member since 2011 · 1k+ posts · 1k+ votes

12y

Just added this to my lease - thanks guys!

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Joel OwensBusiness Member

Moderator

Real Estate Broker · Canton, GA · Member since 2010 · 15k+ posts · 11k+ votes

12y

Victor is there a way where you are not made the bad person??

Maybe something along the lines of your insurance company requires the heat to be set at certain temperatures or they won't cover a damage claim etc.

This way you are telling her there is nothing you can do it about it. Electric heaters are dangerous and can start a fire if left unattended. Being a brand new unit you have rehabbed you might have to get her out rather than potentially ruin the whole unit by an act of her negligence. Maybe you can call your insurance agent and they could possibly whip up a letter or something. I have never done this just thinking out loud

No legal advice.

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OP

Investor · Meriden, CT · Member since 2013 · 201 posts · 145 votes

12y

@Joel Owens ,

You read my mind! Im trying to avoid being the bad guy here, while still protecting my investment.

The insurance company requirement is a great tip. I also know from experience that if you have damages from frozen pipes the insurance co. will try to 1) verify that the property was occupied and 2) verify that the heat was turned on ( for example they could request a copy of the heating bill). Thanks for the tip!

OP

Investor · Meriden, CT · Member since 2013 · 201 posts · 145 votes

12y

@Lynn McGeein

this is exactly what Im trying to avoid. Even though in my case, Im sure I will recoup some of the money because she is a teacher. But, when you combine all the potential lost income and damages, I will definitely be the losing party since there's a cap on small claims.

George Paiva

Investor · Milford, CT · Member since 2012 · 592 posts · 285 votes

12y

How do you know she does not have the heat on? I would also suggest using the manual round thermostats not the programmable ones. These I believe only have a minimum of 50. I like using these for just this case.

Another item to consider is since this is a 2nd floor I wouldn't be that worried since the 1st floor will heat the 2nd floor enough to not allow frozen pipes.

I would also talk to an HVAC person because I believe they can also put a device to cycle the heat a few times a day or even put a secondary thermostat in the apt to take care of the minimum issues.

I feel for you because otherwise you have a great tenant.

Steve Babiak

Real Estate Investor · Audubon, PA · Member since 2009 · 13k+ posts · 8k+ votes

12y

Originally posted by George Paiva:

How do you know she does not have the heat on? I would also suggest using the manual round thermostats not the programmable ones. These I believe only have a minimum of 50. ...

Some of those round thermostats still have an on/off switch, and some are AC/heat so the tenant could flip it to AC to keep heat off

But I second the other point @George Paiva made - how can you be certain the heat isn't on?

Matthew Paul

Severna Park, MD · Member since 2013 · 7k+ posts · 7k+ votes

12y

A thermostat is an on off switch , simple solution , add a second one somewhere in the unit ( make it look like a smoke detector) Set it to override the first thermostat ...

In my second house I had roommates , I had 2 thermostats , 1 in my bedroom that controlled the HVAC , another in the living room that wasn't hooked to anything just for the roommates to adjust . No one ever figured it out .

2 Reply

Stephen S.

Wholesaler · Holiday, FL · Member since 2013 · 571 posts · 221 votes

12y

This is what I would do - install a second thermostat somewhere remote (like the attic since she's second floor) and mount the small remote sensor in the living space. Set the second thermostat to whatever you consider the minimum temp to be - I would use 55º - and electrically parallel the existing and the hidden thermostat.

I am in the HVAC/R business so, although it would be a cakewalk for me - you may have to get heating guy to do it for you. Very simple - tell them to call me if they can't figure it out.

I would not tell the tenant what I was doing and if it was ever discovered that I had done it - I would explain that I did it as a standard safeguarding of my property - in case the original thermostat should ever fail while no one was there to monitor the space temperature - the backup thermostat would save us all from freezing damage. I'd hate to see you lose all your belonging to water damage Ms. Tenant.

stephen
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Originally posted by Victor N'Guessan:
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!

Roy N.Pro Member

Rental Property Investor · Fredericton, New Brunswick · Member since 2013 · 7k+ posts · 4k+ votes

12y

In our student houses we use a programmable thermostat, but our building monitoring system has its own sensors and can override the wall thermostat and will not allow the temperature to get below 10C (50F) ... we are presently testing a new software load that will also prevent them from cooling the house too far in the summer.

You can easily wire a second thermostat in parallel to the one the tenant uses and have it preset to a floor temperature.

Stephen S.

Wholesaler · Holiday, FL · Member since 2013 · 571 posts · 221 votes

12y

Wait; tenants can be tricky too. <g> If she is very determined not to have the central heat on she can turn off the service switch at the unit or even turn off the circuit breaker to it. Is there an alarm system? A a low-temp sensor be added for you to be called if the temp falls below 55º ?

What kind of heat is it? A furnace? A boiler? A heat pump?

And is the heating unit itself in Her Space? Where she has access to it? Or is it in a cellar or other mechanical-room area?

stephen

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George Paiva

Investor · Milford, CT · Member since 2012 · 592 posts · 285 votes

12y

Originally posted by Matthew Paul:

In my second house I had roommates , I had 2 thermostats , 1 in my bedroom that controlled the HVAC , another in the living room that wasn't hooked to anything just for the roommates to adjust . No one ever figured it out .

LOL, that's awesome!!! I have a few buddies and family members that house share. I'll have to tell them about this one.

Matthew Paul

Severna Park, MD · Member since 2013 · 7k+ posts · 7k+ votes

12y

Originally posted by Stephen S.:

Wait; tenants can be tricky too. <g> If she is very determined not to have the central heat on she can turn off the service switch at the unit or even turn off the circuit breaker to it. Is there an alarm system? A a low-temp sensor be added for you to be called if the temp falls below 55º ?

What kind of heat is it? A furnace? A boiler? A heat pump?

And is the heating unit itself in Her Space? Where she has access to it? Or is it in a cellar or other mechanical-room area?

stephen

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Thats easy to remedy , have the bathroom light wired along with the service switch , she turns off the furnace at the switch , she has no electric in the bathroom . Same with the circuit breaker have the refrigerator on the same circuit .

I had tennants turning off the breaker for hard wired smoke detectors , until I moved the wire to the living room circuit , if they turn off the smoke detectors they have no juice for the big screen .

OP

Investor · Meriden, CT · Member since 2013 · 201 posts · 145 votes

12y

@Matthew Paul , using a 2nd t-stat is a clever idea but i like George's idea of using the old style t-stat that do not go below 55.

@George Paiva and @Steve Babiak , I know that the heat is not on because I asked her if she had turned it on and she said no. The reason she gave me is that she didnt want to heat the apt since she wasnt there all the time. We communicate mostly via text msg. Also, she couldnt be home for the cable man to set her cable and internet and she asked me to be there for her.

As I mentioned before, she is a great tenant. She is definitely not trying to knowingly cause damages to the apt, she just wants to save some money but doesnt understand the consequences of not having heat in the apt.