[kakmando]

Hello everyone , I am new and really need some help badly. My family has been staying with family following the death of my wife's father. We rent a house about 30 minutes away and my wife stops by the home almost every day or every other day to check on the house. We had two pipes burst. First pipe burst under our living room window and our landlord blamed us, said we ran out of oil, yes we needed oil however they couldn't deliver until the next day, but the kicker is we were never out of oil. Then the plumber attempted to start the furnace, it started immediately and stayed running until oil was delivered the next afternoon. The landlord blamed us and made us clean up all the water despite him having homeowners insurance. Temps at that time were around 10-15 degrees with thermostat set at 60.

Now this week somehow the landlord was in our home without permission and found a leak, my wife was already getting ready to leave work to head to the home where she was harassed horribly once again. This time the pipes busted in my hospital room (I am young but have a progressive deadly brain disease which affects my walking up and down steps) There were two cracks one directly at the door and one about 4 feet from that one under a identical window that is in the living room. The temps were at -7 with wind chills up to - 40 for a few days, thermostat still set at 60. Once plumber fixed both cracks I placed my hands over where the cracks occurred and cold air was pouring in. I should say that all water was turned off except for the heating which is a combo boiler, furnace, boiler running on oil. Once again the landlord ignored us and handed a 5 gallon shop vac to clean up a horrible mess in our basement. I ended up becoming very sick due to doing work I am not capable of doing due to muscle spasms. He then blamed us and threatened to sue us.

I told him its impossible to be our fault my wife took photos of the last day she was there which was 5 days due to a snowstorm and illness and both photos showed the thermostat in the same spot to the mm but he said it was at 50 degrees when he walked in. Obviously it was a huge lie. Before he left, I had him feel the air pouring in, he said " yes , ok but it never happened before" I said yes it never was this cold before (our home is on top of a 70 percent grade all alone on top of a mountain) its always windy. During this cold spell every place in our area broke records that have not been broken since 1914. I said to him apparently this place is the only house in the entire 10 county area that didn't break cold records all week long, schools even started late each day. He said "it wasn't that cold I have a weather station at my house." I just laughed and called him a liar and said either you did not close the door fully when you entered my home illegally or your windows are just not capable of handling such cold on the outside walls.

He is again threatening to sue us and we had planned on returning back home this week but they still have not fixed the carpet or tile and with my wheelchair or walker depending on the day, I would fall very easily and none of my furniture was ever moved back into the living room. So what I really need to know from an experienced plumber is are we at fault for any of these pipes freezing? By the way he had a coal heater in the basement that he removed and sold before we moved in, this was directly vented into the second chimney and the wall. Also the house was vacant for the past two years and was weatherized.

I really need help I am on a very tight fixed income and my palliative care doctor has told me that this stress has probably increased the progression of my disease and now have to have to go get another MRI which are costly. If any experienced plumber can take the time to read my book and answer it will be greatly appreciated by not only me but by my wife and two young daughters. Paying $1200 rent and not being able to even live a week in the house is not fair. Thank You Gary and Family

[joypulv]

While there are arguments on each side, I think you win this one. The only thing you did remotely 'wrong' was to assume that 60 degrees would keep every inch of the house at 60 - windows, doors, and anything inside an exterior wall most definitely won't be 60. Pipes in exterior walls are bound to freeze in the weather we have been having. CT (where I live, like you on top of a remote hill) set an all time record low for February. But it isn't your job as tenants to know where pipes are, and 60 is a reasonable setting. Heck, I know people who turn it down to 58 while sleeping.

I am not a plumber but have plumbed some, in several old houses, in my life. I now live in a house with no pipes going through exterior walls!

There are several plumbers on this site who should be here soon.

If this turns legal, pay a plumber to write a statement for you. I'd do that anyway, the sooner the better. If he sues, countersue, or sue anyway. If you withhold rent, you MUST give it to a lawyer to keep in escrow.

[talaniman]

As a renter my friend, you need legal advice, a lot more than you do a plumber, so I have moved your question to the legal forum. I think with facts you have a strong legal case to break this rental agreement, and get away from this unscrupulous, lazy landlord.

It must be done legally though, and for that you need legal guidance to find and exercise your LEGAL rights as a renter. The landlord is obviously preying on your ignorance, or is in fact ignorant himself. Either way, arm yourself with facts with a few calls to some lawyers and get a consultation, so you can protect yourself and your family.

[J_9]

Do you have renters insurance?

[kakmando]

No we didn't, the only reason we are renting right now is because of disability, we own home but its unsafe and unable to accommodate me or my wheelchair 10 steps to enter steep, plus shower and bath upstairs narrow stairway and after falling down them and having my collar bone come within cm's of my spine, we decided a one story is the only option. Problem is this wiped out both mine and my wife's retirement within 3 moths and has continued to add over a million dollars in medical and back bills as my wife needs to remain home as my caretaker and can only work a few hours a night. I never realized renters insurance was so cheap but I have it now but did lose almost everything in our basement and in my "hospital room" oh well life has to get better I guesss...

[kakmando]

While there are arguments on each side, I think you win this one. The only thing you did remotely 'wrong' was to assume that 60 degrees would keep every inch of the house at 60 - windows, doors, and anything inside an exterior wall most definitely won't be 60. Pipes in exterior walls are bound to freeze in the weather we have been having. CT (where I live, like you on top of a remote hill) set an all time record low for February. But it isn't your job as tenants to know where pipes are, and 60 is a reasonable setting. Heck, I know people who turn it down to 58 while sleeping.

I am not a plumber but have plumbed some, in several old houses, in my life. I now live in a house with no pipes going through exterior walls!

There are several plumbers on this site who should be here soon.

If this turns legal, pay a plumber to write a statement for you. I'd do that anyway, the sooner the better. If he sues, countersue, or sue anyway. If you withhold rent, you MUST give it to a lawyer to keep in escrow.

Even when we are home, there is no way anyone would sleep with it 60 degrees, we like it cold and under a nice cozy comforter. We never kept the heat up that high. Now he has it running at 72 and I'm paying so much for oil for an outdated furnace that may be running at 60 percent efficiency if I'm lucky, cant even control hot water temp, so have to be very careful washing your hands , my daughter already has burned herself several times. I'm living in a nightmare. Lease is up in April but I don't want to be here have to find something like yesterday lol. Thank you for your answer and hope you have a great weekend.

[joypulv]

It might be illegal to have the water temp for hot water off the boiler higher than code (120?).
I would put all this in writing in easy to read list format, and send it to him, and tell him that you have a case against him, not him against you.
I don't see how he can demand that you keep the heat set at 72 while you pay for it, and say so!
What a jerk.
I hope you find a place soon and don't pay for March, especially if you gave a security deposit! He'll keep it!

You clearly can't afford a lawyer, but there might be tenant's rights groups or legal help at a law school. A large law firm saves room for pro bono, usually.

[talaniman]

I hope you are looking around and making a plan to find something better and nicer in the next 30 days. If nothing else this experience should have taught you much, expensive as it may well be.

Good Luck.

[ScottGem]

I recently had a pipe in my baseboard heating burst. This was in an extension that we kept at 50 because we didn't use it. When the plumber came to fix it, he told us that, in prolonged sub-freezing temps, we should keep it at least at 65. So you may have a hard time justifying setting the thermostat to 60.

As far as the landlord entering the home, they are permitted to in an emergency. Given the previous issues, I don't see it unreasonable for him to enter to check the pipes.