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Old 03-10-2014, 11:00 PM
 
Location: Washington, DC area
11,108 posts, read 23,880,874 times
Reputation: 6438

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I have tried to find the answer to this, but there seems to be no clear answer.

I'm trying to be fair here, but I'm not sure this should be a landlord responsibility.

I have this item stated in my lease:

"Tenant must keep the premises heated and turn off water to exterior spigots in cold weather to avoid freezing pipes."

The tenants admit that they know this precaution and have done it, but say they shut it off, however, the fracture in the pipe would not occur unless the water was on during freezing weather. If the water was off, there would not have been water in that portion of the pipe to freeze and cause flooding.

Any help?
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Old 03-10-2014, 11:53 PM
 
13,131 posts, read 20,980,118 times
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Quote:
Originally Posted by kcmo View Post
"Tenant must keep the premises heated and turn off water to exterior spigots in cold weather to avoid freezing pipes."

The tenants admit that they know this precaution and have done it, but say they shut it off, however, the fracture in the pipe would not occur unless the water was on during freezing weather. If the water was off, there would not have been water in that portion of the pipe to freeze and cause flooding.
I'm not sure I understand the specific of the incident and lease provisions.

1. In the lease you said it states to turn off water to exterior spigots. Is there an interior shut off valve inside the house or is it one of those exterior freeze resistant spigots with the extra long stem?

2. Has the tenants been instructed on the specifics of the winter procedure (have you shown them the proper way to do it)?
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Old 03-11-2014, 05:52 AM
 
Location: The Triad
34,088 posts, read 82,945,062 times
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Quote:
Originally Posted by kcmo View Post
the fracture in the pipe would not occur unless the water was on during freezing weather.
Not likely.

Quote:
I have this item stated in my lease:
"Tenant must keep the premises heated and turn off water to exterior spigots in cold weather to avoid freezing pipes."
That doesn't avoid freezing pipes.
Leaving a tap open will

Of course if it's a KNOWN issue the responsibility to provide frost proof hydrants comes up...
or (like changing furnace filters) to do the semi annual maintenance themselves.

The LL eats this one.
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Old 03-11-2014, 11:55 AM
 
Location: North Idaho
32,635 posts, read 48,005,355 times
Reputation: 78390
I would say that this is the tenant's responsibility. Pipes don't freeze if they are kept warm and they don't freeze if they are drained. Your lease specifically states that the tenants are responsible.

However, this is my advice for the future. If you have a rental that has exterior plumbing that must be drained and sealed off, then go over and do it yourself in the fall. That heads of any problems.

Frost free hydrants are a good idea. I have one turn valve just outside a house that is in a shallow dry well and I have run heat tape to that one. heat tape on plumbing under the floor.

And yes, indeed, a rental agreement that states that tenants are responsible if plumbing freezes. Plumbing won't freeze if they keep the heat on.
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Old 03-13-2014, 06:59 PM
 
34,278 posts, read 19,364,321 times
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You say:

"Tenant must keep the premises heated and turn off water to exterior spigots in cold weather to avoid freezing pipes."

OK I turn off my water...what happens? Does the water in the pipes magically disappear?

It certainly HELPS, but even turning them off doesn't solve the problems occasionally.

Ask the tenant, if they claim they turned them off, then eat the cost if they say they did-they possibly did! If they admit they didn't, then bill them. But don't turn it into drama or be accusatory. Lifes too short for the drama
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Old 03-13-2014, 09:15 PM
 
Location: East of Seattle since 1992, 615' Elevation, Zone 8b - originally from SF Bay Area
44,550 posts, read 81,131,933 times
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Even if there is an indoor shutoff valve that stops water to the outside faucets, they can freeze and break unless drained. It appears that the lease did not specify that they should be drained, therefore it's not their fault.
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Old 03-16-2014, 11:00 PM
 
Location: Charlotte, NC
4,761 posts, read 7,833,772 times
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I'd probably eat this one even though I wouldn't be happy about it. Look for a product called a hose bib lock. Its 3 pieces and will block off the faucet and have a padlock on it. When you winterize the outside faucet next year, put one of those on it and also look into a locking valve for inside. Problem solved. It might cost a few bucks to do this but you'll never have a repeat of this problem.

The best part is you know it was done right if you do it.
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