Landlord Question and Answer Forum

Tenants left town for holidays. In their absence was an ice storm with power outages. Tenants returned after holidays to find no heat and broken water pipes with water and ice throughout house. Tenants have paid current rent. It appears that furnace did not come back on after power was restored and remained off until they returned. Do I have any obligation to refund any current rent and am I entitled to withhold security deposit as the damages occurred in their absence.

Ouch to both parties, it is not the fault of the tenant entirely, in fact it may not be their fault at all. Because of loss of power and the furnace not starting back up there must have been possibly a faulty furnace part. This probably falls under more of an act of god or force of nature and your insurance should cover it, and hopefully the tenants insurance if they have renters insurance. You may be held responsible for the tenants stay while it is fixed. I would speak with them and your insurance company and try to work through it together. No body seems to really be at fault here.

Posted by Richard W, PA on Monday, January 20, 2014

It depends on the contract as well. Was there any specification that the water supply shall be turned off if the tenants leave? Also, New York state's particular tenant laws might have certain caveats written in to it as well.

Posted by Anker P, FL on Monday, January 20, 2014

It is not the tenants fault coz everything happened in there absence moreover, they have nothing to do with the loss of power. I even discussed about it with my property manager at Lone Star Realty and he has the same views. The tenants needn't pay any thing.

Posted by Adam C, TX on Tuesday, February 25, 2014