Tenant windows open landlord pays for heat

[Karen1101]

From Massachusetts:
I have a tenant that is refusing to shut her windows in cold. We pay for the heat. She claims that the heat is off. The temp outside has hit 39 degrees I find it hard to believe that the heat is off. The thermostat when the internal temp of the apartment hit below 50 degrees the hit kicks on. I have a feeling this is going to be a LONG winter with her.

I am getting a letter together for her to request that she shut the windows when the outside temp is below 50. I just want to know what my legal right are. Any help would be great!

 

[xylene]

Modernize your building so tenants pay heat and put that in the lease when renewal comes.

 

[Just Blue]

From Massachusetts:
I have a tenant that is refusing to shut her windows in cold. We pay for the heat. She claims that the heat is off. The temp outside has hit 39 degrees I find it hard to believe that the heat is off. The thermostat when the internal temp of the apartment hit below 50 degrees the hit kicks on. I have a feeling this is going to be a LONG winter with her.

I am getting a letter together for her to request that she shut the windows when the outside temp is below 50. I just want to know what my legal right are. Any help would be great!

Is it a bathroom window? If so...does the BR have a venting fan?

 

[Karen1101]

Is it a bathroom window? If so...does the BR have a venting fan?

Not the bathroom window. Though the bathroom does have a vent. It is the living room and bedroom ones that she opens. She claims she needs fresh air and is too hot. I worry about frozen pipes come this winter.

 

[not2cleverRed]

A simple observation that you perhaps have already made: when it's 39 F, you notice whether or not it's warmer indoors, i.e. heat is on.

Hopefully there is something in your lease about what to do in the cold season to prevent freezing pipes.

And take Xylene's advice.

 

[Just Blue]

Not the bathroom window. Though the bathroom does have a vent. It is the living room and bedroom ones that she opens. She claims she needs fresh air and is too hot. I worry about frozen pipes come this winter.

Does she have her own thermostat? If so...tell her to lower the temp. My last Landlord who is one of the largest in Massachusetts would send out a letter every year (early Sept) warning that when temp hit a certain low (50) open windows (except BR for 30 min's after shower) will be fined 50.00.

Swing by at staggered times of day and if windows are open take pic's. If she is leaving the windows open fine her. If you end up with broken pipes evict her and keep the security dep towards damages.

 

[Karen1101]

Does she have her own thermostat? If so...tell her to lower the temp. My last Landlord who is one of the largest in Massachusetts would send out a letter every year (early Sept) warning that when temp hit a certain low (50) open windows (except BR for 30 min's after shower) will be fined 50.00.

Swing by at staggered times of day and if windows are open take pic's. If she is leaving the windows open fine her. If you end up with broken pipes evict her and keep the security dep towards damages.

Yes she does have her own thermostat. I live next door so seeing the windows open has been very easy to see. I will include that in my letter to her regarding the charging for open windows and eviction should the pipes freeze or break.

 

[Just Blue]

Yes she does have her own thermostat. I live next door so seeing the windows open has been very easy to see. I will include that in my letter to her regarding the charging for open windows and eviction should the pipes freeze or break.

To be clear: Every time she keeps an open window she gets charged. Make sure you time/date stamp all pic's. Do not renew her lease. Next time you rent make sure you include verbiage in the lease on cold weather rules.

 

[HRZ]

Welcome to the real world of being a LL...been there ...Unless and until you get heat separated and tenants paying own heating bill you will be facing open windows in winter and worse with few practical options

 

[FarmerJ]

You said she has own thermostat ? is this structure heated with a boiler ? If it is have 2 flow meters installed for the rented part and yours when your ready to rent it again make sure your lease says that you have a metering system for the heat , and since the tenant has own thermostat you will calculate the heat bill and have it ready so it can be paid with the rent when the rent is due, youll have to learn how to read them and its just math to figure out the rest of it. AS to her leaving windows open, send her a certified letter notice telling her that during the heating season leaving windows open can be construed as wasting LLs services and open windows that let rain or snow in will be considered tenant damage to the property should walls, or trim or window areas become damaged. Learn which pipes and solenoid serves her unit and if windows are open and p pipes that serve her unit are hot or warm then get on her with a letter. Your Letter can include flat out telling her that heat included doesn't give her consent to waste it with open windows and take dated pictures every time you find them open and you verify the heat is on (hot -warm) pipes.

 

[HRZ]

UNless that flow meter and heat billing is in the lease you have near zero odds to really control the costs .

Many an older structure is NOT piped in a manner conducive to flow metering of a rental unit ....get a seasoned local HVAC contractor to comment on your specific practical options and $

 

[Just Blue]

You said she has own thermostat ? is this structure heated with a boiler ? If it is have 2 flow meters installed for the rented part and yours when your ready to rent it again make sure your lease says that you have a metering system for the heat , and since the tenant has own thermostat you will calculate the heat bill and have it ready so it can be paid with the rent when the rent is due, youll have to learn how to read them and its just math to figure out the rest of it. AS to her leaving windows open, send her a certified letter notice telling her that during the heating season leaving windows open can be construed as wasting LLs services and open windows that let rain or snow in will be considered tenant damage to the property should walls, or trim or window areas become damaged. Learn which pipes and solenoid serves her unit and if windows are open and p pipes that serve her unit are hot or warm then get on her with a letter. Your Letter can include flat out telling her that heat included doesn't give her consent to waste it with open windows and take dated pictures every time you find them open and you verify the heat is on (hot -warm) pipes.

I don't think you can do that in Mass. I believe you have to have totally separate heating systems per state law.

Karen ...Check with a LL/Tenant Attorney before doing as farmer suggests.

 

[Just Blue]

Karen

I p.m.'ed Stevef to look at your thread. He is an attorney in Mass.

 

[Mass_Shyster]

This is not my area. I STRONGLY suggest you consult with a landlord attorney, and throw this deadbeat out before she starts filing complaints with the code department. A friend of mine who does tenant's rights stuff says he can find code violations in ANY unit.

The current setup has landlord paying for heat. Assuming there's a lease, that can't be changed while the lease is in effect. However it is not reasonable that the landlord should have to pay to heat the entire neighborhood (as my mother always put it).

I'm not sure why one would pay for heat and not own the thermostats, but that appears to be the situation.

I handled exactly one landlord/tenant case. I represented the tenant and felt bad for the landlord. He simply didn't know the laws and how expensive ANY mistake is.

 

[Karen1101]

Karen

I p.m.'ed Stevef to look at your thread. He is an attorney in Mass.

Thank you... looking forward to hearing from him..