Pipes freeze after I move out, responsible?

[pjnd36]

Hi, This is a good one. Say I was renting a house, moved out, turned in the keys to the Landlord, 3 days later I have the electric turned off since I am not living at the rental house any longer. I do not have the water turned off because I forget. Temps go way down under freezing a week after I move out, and once again I have already turned the keys in to the Landlord, the pipes freeze, bust, and make a real mess. The Landlord is saying I am responsible because I turned off the electric (heat) but not the water? That if I had turned off the water also, this would not have happened?

Am I wrong in thinking that after I turn the keys over to the Landlord that I am no longer responsible for Heat and Water? Nor am I responsible for taking care of the property? Even if the water were turned off with the electric, there would have been water in the pipes that could have led to the same damages. I was not living at the house, I was not paying rent, I had no keys, I did not want or expect to pay for water and electric at a place I no longer rented.

The Landlord is telling me to fix the damages, not pay for them? Something is funny here, if I were responsible wouldnt the Landlord want a professional to fix the damage? Also, why not turn in a homeowners claim with insurance company?

Any thoughts on this?

 

[mightymoose]

If you had turned off the water there still would have been water in the pipes that would have frozen and broken them.

You are off the hook. You were gone for a week already and have zero responsibility.

 

[Gail_in_Georgia]

What, exactly, was the reasoning the landlord gave you for being responsible for the frozen pipes?

Are they (for example), saying that because the water was still in your name they could not get it shut off? Once the water supply is shut off, the lines can simply be "winterized" which means that faucets and spigots can be opened, toilets flushed, etc. to empty any remaining water from the lines which would prevent the lines freezing.

Gail

 

[pjnd36]

pipes freeze

The Landlord says the reason is because I turned off the heat, and did not turn off the water, which caused the pipes to freeze. This of course makes no sense to me because, 1, I was not a renter any longer, and 2, there would have been water in the pipes anyway unless the Landlord had gone to the house to winterize it, which apparently he neglected to do, and is trying to blame me.

One more point, the lease was in my name and I had the same roomates for 5 yrs (during college) I had the electric in my name, and the water was in a roomies name, this is why I did not have the water turned off, and the roomie forgot.

 

[pjnd36]

Oh yes something else Gail, dont most houses have a main shut off valve that can be used in order to winterize? I would think if the Landlord had problems with shutting off water due to it being in an "OLD" Tenants name, he could access the main shut off? It is clear the Landlord did not visit the house and do what he should have after a tenant moves out!

 

[Gail_in_Georgia]

Yes; all houses have a main shut off valve. This is what the water department uses to shut the water on and off. Technically it's a violation for a non-water department employee to shut the water off (or on).

Gail

 

[pjnd36]

Gail, Thanks, I did not know it was a violation to turn off/on water at the main access.

I was referring though to the main valve in the house. I have a main shut off in my basement, dont most houses have this also?

My main concern today however is can this Landlord hold me responsible for something after I was gone?

 

[Gail_in_Georgia]

Depends on what part of the country you live and the age of the home. Here in my neck of the woods, all the SFH's I have have connections only at the street meter and not a second shut off when the water enters the home (except, of course for the shut off valves located under each sink and toilet).

You can refuse to do the repairs with the claim that it is not your responsibility after the move out (and the fact that the water bill was in your roommates names). It would be beneficial to put this refusal in writing so you have documentation.

If the landlord disagrees with this, their next step would be to determine whether they wish to continue this in a court of law. The judge will then decide the issue.

If it reaches this step, make certain you have all your documentation in order (i.e., when you formally moved out).

I suspect that if you refuse to do the repair, the landlord will likely drop the matter.

Gail