In Massachusetts a landlord can usually charge a tenant for frozen pipes only if the tenant caused the freeze, for example by turning off heat the tenant controls, leaving windows open in a cold snap, or ignoring a reported problem. If the pipe froze because the building was not heated as the sanitary code requires, or because pipes run through cold walls and porches, it is usually the landlord's to fix. General information, not legal advice. Landlords needing the repair can call (413) 603-1274.
The landlord's baseline duty
The Massachusetts State Sanitary Code (105 CMR 410) requires owners to keep the plumbing in good working order and, unless the lease puts heat on a separately metered tenant, to supply heat from September 15 to May 31: at least 68°F during the day and 64°F at night. Lease clauses generally cannot take those duties away. See Massachusetts landlord heat rules.
When the tenant may be responsible
- The tenant controls and pays for the heat and turned it off or far down in a cold snap
- The tenant left windows or doors open during freezing weather
- The tenant knew about a frozen or leaking pipe and did not report it
- The tenant damaged the plumbing
When it is usually the landlord's
- The landlord supplies heat and it failed or the oil ran out
- Pipes run through unheated porches, stairwells or exterior walls
- The building has a history of freezing in the same spot
- Old pipes or valves failed
For tenants
Report problems in writing, keep the heat on, and photograph the thermostat setting in a cold snap. If a landlord tries to charge you, ask for the reason in writing and talk to tenant legal aid before paying. Your renters insurance liability coverage may respond. See does renters insurance cover a burst pipe.
For landlords
Insulate or heat the cold spots, keep vacant units heated, tell tenants where the main valve is, and put cold-weather instructions in writing. See water damage in Massachusetts rentals.
Proving what happened
If a landlord believes a tenant caused a freeze, the landlord needs evidence: a thermostat found turned off, a window left open in a cold snap, or a leak the tenant knew about and did not report. Tenants who want to protect themselves should keep the heat on, report any heating problem in writing right away, and photograph the thermostat setting if pipes freeze. These disputes usually turn on records, not memories.
Get advice for large amounts
If the damage is large and the two sides disagree about who caused it, both should get advice before money changes hands. A local legal aid office, a housing court clerk or a lawyer can explain how Massachusetts rules apply to your situation.
Questions
Can a lease make the tenant responsible for all frozen pipes?
A lease can set reasonable tenant duties, like keeping the heat on, but it generally cannot remove the owner's sanitary code obligations. Ask a lawyer about your lease.
Can the landlord take it out of my security deposit?
Massachusetts has strict security deposit rules, including itemized lists of damage. Talk to tenant legal aid if this happens.
Landlord with a frozen or burst pipe? Call
Call (413) 603-1274 now. Locally owned in Chicopee. See what tenants should do first.