[Measuray]

My Landlord is attempting to charge me for replacement of a new fuse box/circuit breaker because I would turn off the radiant heat switch from the box, after SCE (Social California Edison) suggested I so to prevent usage. I resided in the unit for 4 years and started turning off the radiant heat in 2003-2006, once a year. The building is about 77 years old and had its original circuit breaker.

When I moved into the unit, the electric stove burner would shortage out and the fusebox for the hotwater heater would pop and turn itself off at the breaker. This continued to happen 5 times, plus I mentioned the strove burnner shortage and hotwater heater turning off at the breaker to my landlord, and that the fusebox was making a hissing sound. My landlord decided to replace the stove, after 2 failed attempt of the same problem, but the hissing sound and the mysterious turning off the hotwater heater continued.

My landlord had an electrician come over and switch the switches around, but the hissing sound and hotwater heater switch turning off continued.

Finally, my landlord replaced the circuit breaker with a new circuit breaker and the problem was resolved, but upon moving out, he wants me to pay for a new circuit breaker. I feel I am being railroaded. Can you explain why the circuit breaker was doing this. My landlord is accusing me of damaging the circuit breaker by turning off the radiant heat in the summer time. Most people turn their gas pilot off at the furnace and never are accused of damaging it.

The Electrician Wrote: Owner stated that tenant in order to save energy, continuously turned breaker on and off. Circuit breakers are not designed to be operated as a regular switch, but to protect in case of an overload. The actions of the tenant turning on and off breaker caused damage to buzz bar and circuit breaker.

[ceilingfanrepair]

Is the electrician related to the landlord, by any chance?

[tkrussell]

Breakers can be used as switches, if rated SWD, and is stamped on the breaker, and usually are found in the plastic and not just a paper label.

Switching on/off a couple times a year certainly did not cause this condition, but may have accelerated it.

There was already a loose connection in the panel when you first heard the hissing.

The loose connection was probably a loose breaker plugged onto the bus bar. The loose connection causes heat, that corrodes and melts the metal and plastic.

This was missed every time breakers were changed and moved, before finally, breaking down.

Retail stores, for example, use breakers twice a day to switch off their lights, with no problems.

You may need to have another electrician visit to pull out one of the original breakers to verify they are SWD rated. Or contact you local government housing agency, or electrical inspector, but with a little effort, I believe you can contest this.

[Measuray]

Is the electrician related to the landlord, by any chance?

Unfortunately, I do not have the answer to this question. If I were to do a guestimation, I would say, no, but I think they are long time friends.

Thanks for your prompt email Tkrussell and Ceilingfanrepair. However, you mentioned that breakers can be used as switches, if rated SWD. If this breaker is 77 years old, when did they start making or labeling breakers as SWD? And for Ceilinfanrepair, I don't know if my landlord is related to the electrician, but I'm guestimating they have a long time business relationship.

[tkrussell]

I been in the business over 30 years and there have been SWD ratings on breakers as long as I can remember.

Obtain an objective opinion from another electrician or the local inspector.

[ceilingfanrepair]

I was being facitious, because I could not in my right mind imagine an electrician blaming you for a faulty breaker by shutting it off twice a year. I figured he had to have been in on the con with the landlord. But, as my title implies, this is not my area of expertise.

[bhayne]

The breaker is a disconnecting means to the circuit. Regardless of the marking on the breaker, if the breaker fails because of disconnecting the circuit, it is a defective breaker.

No fault of yours. In summary, you should be congratulated for saving a dangerous situation. That hissing is the breaker heating up the trip unit. If the breaker melts and the trip unit jams, then no protection is on the circuit. I suggest you contact you local electrical inspector. They would probably be interested in reviewing the whole complex.

[Measuray]

Jduke44, just wanted a second opinion since I am going to have to take my landlord to court for the remaining balance of my Security Deposit. My landlord wants to charge me $520.00 for replacement of a new circuit breaker panel as a result of what the electrician he hired wrote about me damaging the panel.

Thanks Bhayne and thank you all for your prompt expertise.

Hi All!

I'm scheduled for my court hearing tomororw 1/10/06, regarding my landlord accusing me of damaging the circuit breaker in my unit. As mentioned before, my landlord's electrician said I damaged the breaker by turning off the radiant heat in the summer time. I'm sure my landlord will have his electrician there to discredit me and accuse me of wrongdoing. I sincerely hope the judge can see that this was not my fault. I also wish there was someway the judge could contract you Tkrussel or Bhayne. I will be in Dept. SWN at 8:30 PCT (310) 419-6725. Wish me luck!

[tkrussell]

Get back with how you make out at court.

[Measuray]

Hi Tkrussell:

Unfortunately, court was postponed because my landlord is evading service by telling the Sheriff Dept. that this is a private mailbox service, when in fact, he and his wife own the private mailbox service. So, I had to reschedule a new court date for 2/7/07.

[tkrussell]

What brand of panel/breakers do you have? Can you provide some pictures? Any model or catalog numbers?

If the landlord is suing you, why is he avoiding service?

Is this small claims court?

[tmentec15]

If you rent the apartment, the landlord should be responsible for any damage to the property if it wasn't done intentionally. All of your circuit breakers should have been updated years ago. I would ask another electrician to add AFCI (arc fault) protection to protect against electrical fires and GFCI (ground fault) in the bathrooms and kitchen to protect against water and electrical shock. If you shut a circuit breaker on and off once a year that was made before 1999 you shouldn't have any problems. If the breaker is 77 years old however, are that because the breaker is so old, plus previous renters shutting the breaker on and off creates wear and tear which can damage the breaker.

[Missouri Bound]

The building and it's mechanicals are usually the responsibility of the landlord. Misuse of these items can be considered willful and exceptions to the lease. I'm sorry to say that you may need to prepare for a court date. I would contact both the local building inspector and maybe an electrician to get their opinions. Even if not in your favor, at least it will prepare you better for court.

[tkrussell]

This question is over a year old, close to two. I think the issue has been resolved by now. Admin should close old questions.

[Curlyben]

>Closed<