As a renter, am I responsible for a concealed water pipe that burst?
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As a renter, am I responsible for a concealed water pipe that burst?
It burst while we were living in the house so the temperatures in the house for livable for us. The pipe was in the ceiling concealed in the downstairs bathroom. The landlord claimed that we didn’t keep our house warm enough for his pipes. I just want to know who is responsible for the repair bill and should the landlord have informed me of this at the time of repair or is it okay for him to notify me when he takes it out of my deposit after I moved out?
Asked on July 26, 2012 under Real Estate Law, Virginia
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 11 years ago | Contributor
A tenant is only responsible for damage which the tenant (or tenant's family, guests, pets, etc.) caused. Unless the landlord can show that you let the house get below freezing, such as by not keeping any heat on during a cold period (which would be an unreasonably careless, or negligent, thing to do), it is very unlikely that he could hold you liable for the repair costs. If you believe that there is no basis for changing you for this and that the landlord therefore illegally withheld part or all of your security deposit, you could sue him (such as in small claims courrt) for your deposit's return.
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