Who Pays - Burst Pipes

[Jeff Lubeski]

We had a cold spell last week. I get a text Sunday night from a tenant that the radiator pipe is broken (4 days after the cold spell ended). What I know is that she ran the propane tank empty and did not get it refilled until Saturday (I do not know what day it ran out). It is a clearly negligence on her part that created the problem and this is the second time she ran the tank empty. Because I wanted it all checked out and fixed properly, I called the repair person in and paid. I think she should be responsible. My contract does not spell out that costs from negligence are the tenants responsibility. How would you approach this situation?

[Shawn M.]

Is this copper tubing in a forced hot water system that failed? Do you the damaged section, or at least photos of it? Assuming you have a clause in your lease requiring the tenant to maintain adequate heat in the apartment (usually 50 degrees F), and that the lease also states she/he is responsible for any damages resulting from failure to do so, to collect reimbursement you still might need documentation showing that the pipe burst due to freezing, and that it wasn't an improperly soldered fitting that failed on the day she notified you.