Are Landlords Responsible for Frozen Pipes? Your Rights Explained
Frozen pipes. Don’t want ’em! They can be a huge disaster. And like many problems in a home, they can be especially tricky with renters and landlords who need to figure out just who is responsible. Are landlords responsible for frozen pipes? The answer isn’t always clear cut.
When it comes to Boston area property management, we know seasonal issues can be a big deal. Making sure tenants are well supported with the winter cold season is a mighty task that we take seriously. And knowing who is responsible for what is a major part of it. Let’s jump into this topic and figure it out.
Table of Contents
- Are Landlords Responsible for Frozen Pipes?
- How Long Does a Landlord Have to Fix Frozen Pipes?
- FAQ
- How Can Property Management Help?
Are Landlords Responsible for Frozen Pipes?
The answer could vary some from state to state. Take note. So here, we will be looking at Massachusetts. Landlords are generally responsible for maintaining the plumbing systems in their rental properties. This (of course) includes preventing issues like frozen pipes. If a water pipe bursts and it causes damage to the tenant’s property – or even neighboring units – the landlord is typically liable and responsible. Let’s hope the landlord has insurance.
But here is the thing. There are exceptions to this general rule. That’s right. If a landlord can provide evidence that a tenant’s actions led to the pipes freezing and bursting, the tenant may be held responsible. For example, let’s just say a tenant leaves their windows open during freezing temperatures, causing the pipes to freeze… the tenant could be held responsible. At the end of the day, the tenant does have some responsibility when it comes to the internal temperature. Also, if the landlord asked the tenant to take preventative measures and they did not, the situation could get even more complicated.
How Long Does a Landlord Have to Fix Frozen Pipes?
This is another question that doesn’t exactly have one single straightforward answer. Landlords are legally obligated to maintain rental properties in a habitable condition. They just are… in Massachusetts and pretty much everywhere. As far as the law goes, the landlord is required to address the issue within a “reasonable time.” What does that mean exactly? That’s where it can get tricky. While the law does not specify exact timeframes, what constitutes a “reasonable” time can depend on the severity of the issue and the impact on the tenant’s health and safety. For significant problems, repairs should typically be completed within 14 days.
If the landlord fails to initiate repairs fairly quickly or does not substantially complete them within about two weeks (that is, after receiving notice of them), tenants have several options. They may choose to withhold a portion of their rent until the necessary repairs are made. The Massachusetts Supreme Judicial Court ruled:
“When a landlord fails to maintain a dwelling in habitable condition, a tenant may properly withhold a portion of the rent from the date the landlord has notice of this breach of warrant of habitability.”
Tenants can also arrange for the repairs themselves and deduct the cost from future rent payments… that is, if they follow the proper legal procedures.
FAQ
How Do I Prevent Frozen Pipes?
But what can you do to cut this all off before it becomes a problem? Good question! Stop frozen pipes before they start by insulating both hot and cold water pipes in unheated areas such as basements, garages, and crawl spaces… it goes a long way towards preventing the issue before it even exists. During extremely cold weather, allow a slow trickle of water to flow through faucets connected to these pipes. Moving water helps prevent freezing. What do you know!
What Can I Do If I Have Frozen Pipes?
If you discover that your pipes have frozen, first locate the frozen section… this is often near exterior walls or where the water service enters your home. Keep the affected faucet open to allow water to flow as the ice melts. Apply heat to the frozen area using an electric heating pad, hair dryer, or towels soaked in hot water. Continue applying heat until the water pressure is restored.
What Can an Apartment Building Do to Prevent Frozen Pipes?
For apartment buildings, preventing frozen pipes involves making sure that all common areas and unoccupied units are adequately heated to prevent internal temperatures from dropping below around 55°F. Regular maintenance should include sealing cracks and openings around windows, doors, and utilities. Building managers or landlords should also insulate pipes in unheated spaces… and also encourage tenants to keep cabinet doors open under sinks to allow warm air circulation. During extreme cold – as previously noted – letting faucets drip can help prevent pipes from freezing.
How Can Property Management Help?
When it comes to avoiding costly repairs – including burst pipes – preventative maintenance is so important. However, for landlords, managing multiple rental properties along with all of the other seasonal tasks can be difficult. Fortunately for rental owners, professional property managers can assist by taking over the daily operations.
The experts at Bay Property Management Group proactively ensure tenants are familiar with maintenance procedures, understand their responsibilities, and know the important warning signs to look for. Our 24/7 emergency maintenance line and extensive list of trusted vendors provide peace of mind. In addition to maintenance, professional property managers handle marketing, leasing, rent collection, and so much more. So, if you own looking for property managers in Boston and would like to learn more about the benefits of professional management, give us a call today.
