Water leak - who pays?

Question

Deanna McCormick · Answer

Install a water meter alarm, it hooks up to a phone line dials up number if it senses a continuous use of water so the property can be checked.

You need an addendum to lease that specifies that heat needs to be kept at 68 degrees or tenant will drain lines and shut off water if property is left for long period of time.

If this would have happened in a upstairs bathroom / frozen pipe / you could have really had serious damage.

Even with an addendum for tenant regarding the water it's going to be a continuous concern and if its not shut down properly its a continued risk when vacant.

Ralph R. · Answer

@Marvin Spears  the broken pipe occurred somewhere in the house as evidenced by the fact that it broke after the water passed through the meter. Once the water passes through the meter the water, and  the pipes, and any damage caused by the water are no longer the responsibility of the water company.  We know the water passed through the meter because the water company was able to read the usage on the meter and bill for the excess usage!  The water froze because two things happened. The heat was turned down and the water was not turned off and drained.   This is clearly neglect on the tenants part.  Had the water been turned off or the heat left on it would not have frozen and broke. I interpreted the rent terms to be monthly as evidenced by the fact the water bill came to the tenant not the landlord.   Most states will not allow a landlord or PM to enter a property without the tenants presence or knowledge  to check to see if the heat is on or the water is on or off. In Colorado entering a rental property without proper notice can only be done in emergency. Entering Otherwise is trespass. I must believe most states are that way.  If it's not addressed in the lease in some fashion and this is a monthly rental it is clearly neglect on the tenants part. Before I paid that water bill I would make him spend the time,effort, and money to  force me to pay it. RR

Doug McVinua · Answer

@Hunter Fitch Good question and part of it may just come down to what relationship you want with this tenant?

Was the tenant informed and instructed at move-in on the proper method to shut the water off, drain pipes as needed etc to avoid the freezing pipe?

If you like the tenant overall and just had a bad situation arise because the tenant wasn't aware maybe you agree to split the bill with them. If the tenant was informed and just failed to do as instructed I would draw a much harder line.

Living in the Valley of Sun (Phoenix market) many people just plain forget that things do freeze around a house. Out of sight out of mind, I guess as we typically only deal with a night or two a year that temps get to freezing. In the valley a bath towel draped over the pipes outside will prevent the frost, takes more than that in the higher elevations.

Andrew B. · Answer

I think everyone needs clarification from OP. From my understanding, this is a month to month tenancy and the renter just happens to be using it only on weekends. In this case, renter is liable for safe care of the property. Your lease probably has a clause stating a minimum temperature for the house, which would likely have kept the pipe from freezing.

Some of these responses make it seem like this is a STR, in which case I believe owner would be responsible.

Kim Meredith Hampton · Answer

@Hunter Fitch Did you let the tenant know that he needed to shut off the pipes when leaving after his stay? If so, I would tell him, that his problem. If you didn't, then your bill.

I had a house up in the mountains in NC, and we had to do the same thing with the water to help it from freezing and causing leaks

PS, if he has renters insurance, turn in the bill, and sometimes the water company will adjust in the event of a leak, but doubt it in this case

Water leak - who pays?

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