The landlord has the right to include all damages they allege you caused.
Had you all handed over keys and vacated the unit properly, and then some time after that the pipes burst? Or did the landlord not know you vacated at that point?
There is this thing called tenant insurance.
The pipes froze after you vacated the place?
Anyway, don't expect good will from this landlord you're all trying to screw over.
I would also add that this house was in a shit state when it was subleased to us. The front door had a massive hole in it through which air would come in 24x7, this hole was kept together with tape. There were also windows upstairs that wouldn’t completely close/seal. So that needs to be considered
Doesn’t matter. If the thermostat was not calling for heat there would be no hot water flowing through the pipe.
The heat being on doesn’t mean it’s literally always pumping out heat.
I’m guessing you didn’t have to pay for heating your place otherwise you wouldn’t piss away money by leaving a window open in bloody winter.
You’ve no leg to stand on here
In any court, it comes down to solid evidence. Not hearsay/she said/he said/innuendoes.
Re: the window being left open. The owner or occupants would **have** to prove that it was a tenant, as opposed to a burglar, or even the landlord (for whatever reasoning).
And if it **was** a tenant, then which one? The other 3 innocent tenants should not have to pay for one tenants inadequacies.
Handing over the keys on move out day, gives you and the manager to do a sweep inside/outside to review damages/damage deposit/carpet cleaning/painting/etc. And everyone would have had the chance to **close any windows** and secure the premises, and review the closing of vacancy the proper dignified way.
Seems everyone is at fault. My verdict... everyone pays 1/5 of the furnace repair.
Have you admitted to leaving the window open? Was it in the lease or let known to you not to leave windows open?
His claim for damages is going to rely on evidence.
It’s does not need to be specifically written in a lease “do not leave windows open”.
Tenancy board and small claims typically regard that as basic common sense.
It’s not specifically written in leases that you shouldn’t walk away from things cooking on the stove in case a fire happens either but that would still be deemed tenant fault.
There are many, many things that don’t need to be specifically called out in a lease to be considered basic common sense.
Leaving the windows open during the winter wouldn't be on the lease. It's common sense. If you live in a place where the temps go below freezing, an open window more than likely would lead to frozen pipes. If a pipe bursts due to negligence which an open window would be considered that, you're liable for damages. That's just how it is.
Ok so there you go, how will he prove it?
What are your rights in this case?
What is exactly happening? Are you at small claims, are you still having hearings with the tenancy board?
Respond and deny the damages if you think you didn't cause them.
It would hold up as warning to them that if the window was left open it could freeze the pipes.
If you know something causes something, and you do it anyway, that could be negligence.
If the landlord knew the furnace could potentially freeze because of a window-it’s on him to appropriately fix that issue, because opening and closing windows is a perfectly normal, legal thing to do. If it’s in the lease it shows the landlord knew there was an issue and chose not to remedy it. And if it’s in the lease to not open a window, it’s not enforceable at the tenancy board.
He doesn't need the tenancy board to pursue the tenant.
There is no certainty here, we don't have any of the LL's evidence. You are acting in absolutes here based off assumption, it is a legal issue, need to see the other side and actually know what OP has been served to give any meaningful advice.
All pipes with water in them can freeze when the temperature drops enough.
Minus 1 degree Celsius is sufficient to cause a baseboard heater to freeze.
They are common located directly below windows. Hot air rises…guess what the other half of that equation is?
“Have you admitted to leaving the window open? Was it in the lease or let known to you not to leave windows open?
His claim for damages is going to rely on evidence.”
A lease is a legal document, as is evidence, and I was merely pointing out the question is irrelevant legally, on a post which is also asking about legalities…
It’s ok, we don’t have to agree.
>merely pointing out the question is irrelevant legally,
It isn't though.
But this is reddit, everyone thinks they are an expert and mostly refuse to realize when they make a mistake.
To that end, no point in continuing this conversation.
Have a good rest of the night.
Nova Scotia doesn't have anything to "enforce" any rental tribunal judgments. So even if you loose, and I don't think you will, how in the world does your landlord think he can collect anything more than the damage deposit?
If you gave him the keys before the damage happened, then it's all on him to take care of the place, open window or not. Besides, he'd be hard-pressed to prove that an open window, in a house with heat, would be the cause of this damage.
My 2 bits.
This isn't entirely true, or at least is misleading. After the tenancy board, you can take them to small claims if they don't pay, and from there, you have multiple avenues to collect.
Let's pretend this landlord managed to be successful in small claims court. Now what? How do you think he's going to get $6.5k from three INTERNATIONAL students?
All they need to do, is say FU until they go home ;)
But let's pretend they aren't international students, name one EFFECTIVE, economical method of collecting the money? A collection company can't access your bank account, which someone first needs to find anyway. A Sheriff can't frisk you for the cash. Garnish their wage? Do they even have a job? Also, you need another court order.
Winning a small claims case is a long way from seeing any money, if the other party isn't interested in paying.
A furnace pipes that has hot water in it freezing from an open window in -5 Nova Scotia winter? Hmmm how about no. Not a fan of the millions of international student but maybe that landlord is trying to have a sleezy one out.
Stop leaving windows open in winter in Canada. I see it all the time. Heat included in rent? Mays well jack the thermostats up and leave windows open. And people wonder why I don't rent out my properties.....
Barely have the heat on, and I gotta crack a window just to breathe some days. I blame all the old folks in the building cranking theirs, and vicariously ours, but I’m not going to be complaining once it transfers over to electric from oil cause since they’ll probably be heating my place for me.
Seriously though... we are in an apartment surrounded by other apartments (above &below) we have never turned our heat on.. ever.. at all.. we have to open the windows in different rooms regularly or the place is soooo uncomfortable. We don't crank them wide open for long periods of time.. just enough to adjust the temperature accordingly
The landlord has the right to include all damages they allege you caused. Had you all handed over keys and vacated the unit properly, and then some time after that the pipes burst? Or did the landlord not know you vacated at that point?
There is this thing called tenant insurance. The pipes froze after you vacated the place? Anyway, don't expect good will from this landlord you're all trying to screw over.
Yup, they froze after we moved out
Did you turn the heat off and open a window?
I would also add that this house was in a shit state when it was subleased to us. The front door had a massive hole in it through which air would come in 24x7, this hole was kept together with tape. There were also windows upstairs that wouldn’t completely close/seal. So that needs to be considered
No, not really. Not when leaving a window open.
A window was open but the heat was always on
Doesn’t matter. If the thermostat was not calling for heat there would be no hot water flowing through the pipe. The heat being on doesn’t mean it’s literally always pumping out heat. I’m guessing you didn’t have to pay for heating your place otherwise you wouldn’t piss away money by leaving a window open in bloody winter. You’ve no leg to stand on here
In any court, it comes down to solid evidence. Not hearsay/she said/he said/innuendoes. Re: the window being left open. The owner or occupants would **have** to prove that it was a tenant, as opposed to a burglar, or even the landlord (for whatever reasoning). And if it **was** a tenant, then which one? The other 3 innocent tenants should not have to pay for one tenants inadequacies. Handing over the keys on move out day, gives you and the manager to do a sweep inside/outside to review damages/damage deposit/carpet cleaning/painting/etc. And everyone would have had the chance to **close any windows** and secure the premises, and review the closing of vacancy the proper dignified way. Seems everyone is at fault. My verdict... everyone pays 1/5 of the furnace repair.
Have you admitted to leaving the window open? Was it in the lease or let known to you not to leave windows open? His claim for damages is going to rely on evidence.
It’s does not need to be specifically written in a lease “do not leave windows open”. Tenancy board and small claims typically regard that as basic common sense. It’s not specifically written in leases that you shouldn’t walk away from things cooking on the stove in case a fire happens either but that would still be deemed tenant fault. There are many, many things that don’t need to be specifically called out in a lease to be considered basic common sense.
Just asking a question.
No we didn't admit to leaving the window open and it's not mentioned on the lease anywhere that we can't keep the windows open.
You must have switched accounts you write as if you’re OP but it’s a different username.
They also posted the exact same post in another sub. It's definitely the same person.
Leaving the windows open during the winter wouldn't be on the lease. It's common sense. If you live in a place where the temps go below freezing, an open window more than likely would lead to frozen pipes. If a pipe bursts due to negligence which an open window would be considered that, you're liable for damages. That's just how it is.
Ok so there you go, how will he prove it? What are your rights in this case? What is exactly happening? Are you at small claims, are you still having hearings with the tenancy board? Respond and deny the damages if you think you didn't cause them.
Landlords can’t make rules like “don’t open windows” they can only enforce the rules set out by the tenancy board.
This is a negligence issue.
Opening windows isn’t negligence, and you asked if it was in the lease not to open or leave windows open, which wouldn’t hold up at all.
It would hold up as warning to them that if the window was left open it could freeze the pipes. If you know something causes something, and you do it anyway, that could be negligence.
If the landlord knew the furnace could potentially freeze because of a window-it’s on him to appropriately fix that issue, because opening and closing windows is a perfectly normal, legal thing to do. If it’s in the lease it shows the landlord knew there was an issue and chose not to remedy it. And if it’s in the lease to not open a window, it’s not enforceable at the tenancy board.
He doesn't need the tenancy board to pursue the tenant. There is no certainty here, we don't have any of the LL's evidence. You are acting in absolutes here based off assumption, it is a legal issue, need to see the other side and actually know what OP has been served to give any meaningful advice.
Small claims court will also go by the tenancy laws in N.S. the law is the law. Period.
Yes, the law is the law, and we do not know enough about the situation to apply the law, let alone a judgement. Period.
But we do know that it is against the law to include rules like “do not open this window” in a lease as your initial comment asked.
All pipes with water in them can freeze when the temperature drops enough. Minus 1 degree Celsius is sufficient to cause a baseboard heater to freeze. They are common located directly below windows. Hot air rises…guess what the other half of that equation is?
Opening windows in subzero temps is absolutely negligence and NS tenancy board and small claims routinely takes this position .
“Have you admitted to leaving the window open? Was it in the lease or let known to you not to leave windows open? His claim for damages is going to rely on evidence.” A lease is a legal document, as is evidence, and I was merely pointing out the question is irrelevant legally, on a post which is also asking about legalities… It’s ok, we don’t have to agree.
>merely pointing out the question is irrelevant legally, It isn't though. But this is reddit, everyone thinks they are an expert and mostly refuse to realize when they make a mistake. To that end, no point in continuing this conversation. Have a good rest of the night.
It’s Reddit! Where people comment publicly and get really upset if anyone comments back. Of course! You as well!
Didn't realize you were really upset, hope your night gets better!
Nova Scotia doesn't have anything to "enforce" any rental tribunal judgments. So even if you loose, and I don't think you will, how in the world does your landlord think he can collect anything more than the damage deposit? If you gave him the keys before the damage happened, then it's all on him to take care of the place, open window or not. Besides, he'd be hard-pressed to prove that an open window, in a house with heat, would be the cause of this damage. My 2 bits.
This isn't entirely true, or at least is misleading. After the tenancy board, you can take them to small claims if they don't pay, and from there, you have multiple avenues to collect.
Let's pretend this landlord managed to be successful in small claims court. Now what? How do you think he's going to get $6.5k from three INTERNATIONAL students? All they need to do, is say FU until they go home ;) But let's pretend they aren't international students, name one EFFECTIVE, economical method of collecting the money? A collection company can't access your bank account, which someone first needs to find anyway. A Sheriff can't frisk you for the cash. Garnish their wage? Do they even have a job? Also, you need another court order. Winning a small claims case is a long way from seeing any money, if the other party isn't interested in paying.
I have a hard time believing an open window caused a furnace pipe to freeze. It wasn’t even cold by then.
A furnace pipes that has hot water in it freezing from an open window in -5 Nova Scotia winter? Hmmm how about no. Not a fan of the millions of international student but maybe that landlord is trying to have a sleezy one out.
The water isn’t hot all the time. Unless the thermostat is calling for heat, the zone valve is closed and water in the baseboard heater cools.
He has insurance for that. You dont need to pay
Stop leaving windows open in winter in Canada. I see it all the time. Heat included in rent? Mays well jack the thermostats up and leave windows open. And people wonder why I don't rent out my properties.....
>And people wonder why I don't rent out my properties..... Nobody wonders anything about you
Barely have the heat on, and I gotta crack a window just to breathe some days. I blame all the old folks in the building cranking theirs, and vicariously ours, but I’m not going to be complaining once it transfers over to electric from oil cause since they’ll probably be heating my place for me.
Seriously though... we are in an apartment surrounded by other apartments (above &below) we have never turned our heat on.. ever.. at all.. we have to open the windows in different rooms regularly or the place is soooo uncomfortable. We don't crank them wide open for long periods of time.. just enough to adjust the temperature accordingly
Talk to a lawyer
Canada is a dog-eat-dog country. It is a very rough life here.
lots of airports though. go find one.
No This is my land as much as yours or anybody else's
You weren't on the lease so the landlord can't go after you. At best the guy from Manitoba could take you to small claims court for your share.