Tenant Left Hose Connected During Winter - Who is Responsible?

Question

Tenant left the hose connected to the spigot over the winter (live in Midwest where freezing temps occur during Winter). As a result, the pipe was not able to drain properly and once below freezing temperatures came, the pipe burst in the basement. The tenant did not become aware of the pipe burst until Mid-June and was using the hose for spring and summer. Resulting in a decent amount of water damage in the basement. I submitted a claim to get the water damage restoration process started and replace the burst pipe. Total damages included water restoration cost, pipe replacement and drywall/insulation repair/replacement.

Who is at fault for the damages? Landlord or Tenant?

Who is at fault for the damages?  Landlord or Tenant?

Nathan Gesner · Answer

Tenant is responsible.

The grey area here is that some tenants have never been told. I always notify all my tenants in September and warn them that failure to disconnect hoses may result in damage and they will be liable. That covers my backside if I ever have to go after them in court.

If you've never educated your tenant then you'll have to decide how hard you want to go after them. If insurance covers everything but the deductible and the tenants are otherwise good, you may offer to only hold them responsible for half the deductible.