What is the name of your state (only U.S. law)? Colorado
Before departing for Christmas vacation in December, 2009, we turned on the water to a contiuous flow and placed a space heater in the bathroom as we were directed by our landlord. While we were gone, the pipes (on an uninsulated wall with no heat tape or insulation wrap) burst and flooded our rental.
We were without a place to stay for 10 days during the repair and, when we came back, even heating the cabin to 55 degrees, the pipes froze on two more occasions. Finallly, the landlord had her handyman install heat tape and insulation wrap on the pipes and, as long as we run BOTH the hot and cold water, there is no problem.
In addition, the carpet was not cleaned and is horribly stained and reeks of mildew.
Now she wants us to pay for the repair, citing that it was our fault for not heating the cabin. (She never instructed us to heat the entire place, she only asked that we run the water and the space heater and, as I mentioned, even heating the entire place didn't stop the pipes from freezing.)
What is our recourse?