Renter’s Rant: Burst Pipes

by Beki Hartmann | February 18, 2010 | Montana Kaimin

Editor’s Note: This is a bi-weekly guest column written by the ASUM Off-Campus Renter Center. Questions can be submitted to the ASUM Suites located on the first floor of the UC, near ASUM Productions, or e-mailed to .(JavaScript must be enabled to view this email address). The Montana Landlord/Tenant Act and more information about renting in Missoula is available at http://www.umt.edu/asum/rentercenter.

Dear Off-Campus Renter Center,
My roommate and I left to go on a weekend-long ski trip and we thought it would be best to save some money on the heating bill by turning it off while we were gone. We came back to our apartment flooded with   water. Our landlord said that the pipes burst and that we owed him $500! Plus, my laptop that I had sitting on the floor next to my bed is now ruined, our carpets are soaked and it is starting to smell! I don’t think that we signed anything that stated the original condition of the property so do we have to pay?
-Cheap Heater

Dear Cheap Heater,

It looks like your plans to save a few bucks backfired on you. The bottom line is this: Even if you don’t receive a Condition of Premises report, you are still responsible for damages that you caused in the rental. 

The Montana Landlord/Tenant Act does provide some protections for the renter that never received a Condition of Premises report in 70-25-206. It states, “(the landlord) … is barred from recovering any sum for damage to or cleaning of the leasehold premises unless the person can establish by clear and convincing evidence that the damage occurred during the tenancy in question and was caused by the tenant occupying the leasehold premises or the tenant’s family, licensees, or invitees.” In the case of burst pipes after you turned off the heat, it is pretty clear that you and your roommate were the cause of the damage.

The $500 your landlord is requesting may be the deductible required by his insurance to pay for the damages. If your landlord doesn’t have insurance, he may pursue you for the damages that could exceed $3,000. From your concern about your laptop, I’m going to assume that you didn’t purchase rental insurance. It can be invaluable in situations like this. Sometimes rental insurance is only $9 per month with a $9 per month discount for having car insurance with the same company, making the coverage free. Check with your insurance carrier for specifics.

Preventative tips for those cold days and nights in Montana:

1. Ask your landlord if there are specific tips for ensuring that pipes do not burst in your apartment.

2. Drip your faucets so that water is continuously running through the pipes.

3. Keep your home at a reasonably warm temperature.

4. Be especially cautious if your unit is above an unheated/unfinished basement or garage, as pipes may be exposed to colder temperatures.

5. Give NorthWestern Energy a call to schedule a free energy audit, and get more heat-saving tips and free insulating supplies.

Beki Hartmann,

Director,

ASUM Off-Campus Renter Center

Disclaimer: The Off-Campus Renter Center does not employ attorneys and the information given is intended for educational purposes only. Please consult ASUM Legal Services for legal advice.

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