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Landlord charging me for repairs due to "negligence"

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NYC1211

Junior Member
What is the name of your state (only U.S. law)? New York

I just received a bill for $2,000 due to water pipe repairs that my landlord claims is due to negligence. I did not keep the heat on when I was out of town- therefore causing the water to freeze in the pipes and thus causing the need for repair.

I moved in on Dec. 1st and pay and control my own heat. When I moved in the heat was off and I was never told that I was required to keep it on. I left town for a month shortly after and turned the heat off to conserve energy since nobody was home. I explained that I was never educated on having to keep the heat and I didn't think this fell under negligence. The landlord replied saying that it is not their responsibility to educate me and that this falls under common practices. "Educating a tenant that leaving one’s door unlocked or windows open creates liability on the part of the tenant is not the responsibility of the landlord or management. Smoking in bed, unattended open flames, etc. all fall under commonly understood safe practices as would be determined by insurers."

How was I supposed to know that the pipes were not insulated and needed to be kept on in the winter? I really don't think this situation is equivalent to smoking in bed or leaving a door unlocked.

I would appreciate any advice!
 


Ladyback1

Senior Member
What is the name of your state (only U.S. law)? New York

I just received a bill for $2,000 due to water pipe repairs that my landlord claims is due to negligence. I did not keep the heat on when I was out of town- therefore causing the water to freeze in the pipes and thus causing the need for repair.

I moved in on Dec. 1st and pay and control my own heat. When I moved in the heat was off and I was never told that I was required to keep it on. I left town for a month shortly after and turned the heat off to conserve energy since nobody was home. I explained that I was never educated on having to keep the heat and I didn't think this fell under negligence. The landlord replied saying that it is not their responsibility to educate me and that this falls under common practices. "Educating a tenant that leaving one’s door unlocked or windows open creates liability on the part of the tenant is not the responsibility of the landlord or management. Smoking in bed, unattended open flames, etc. all fall under commonly understood safe practices as would be determined by insurers."

How was I supposed to know that the pipes were not insulated and needed to be kept on in the winter? I really don't think this situation is equivalent to smoking in bed or leaving a door unlocked.

I would appreciate any advice!
Advice? Pony up the cash, it's your fault.
Turning the heat all the way off, IN DECEMBER, in a state that does experience fairly significant cold weather was stupid!

Unless you grew up under a rock, on a deserted island in the middle of the Mediterranean being raised by monkeys, then you should have known
 

Gail in Georgia

Senior Member
Other tenants have claimed such "innocence" when faced with large plumbing bills for the same thing and, when refusing to pay such, find themselves in court over this.

They lose.

Gail
 

LdiJ

Senior Member
Its possible that he really did not know any better, but that doesn't make it not his negligence. Its still his fault and he is still liable.
 

FarmerJ

Senior Member
I suggest you pay it because if you don't and your LL takes you to court and sues you ( since ill bet your lease says that you are not to do things to waste the unit and not heating a space with water pipes that causes damage is a form of waste) You are free to attempt your logic in court should your LL have to sue you , but I suspect you will not look very good trying to blame the LL for this problem.
 

JoDa

Member
Advice? I only have that for your landlord. While it may not be legally necessary to "educate" tenants in basic maintenance, he/she/they would be well-served to add a clause to their lease requiring that the heat be kept on and turned to at least 55 any time the outdoor temperature is expected to be below 45. Pass this on with your check to fix the pipes, because basic common sense says you don't just turn the heat off in your house when it's freezing outside...
 

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