Damage to mantle. Are tenants to blame?

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Who is responsible for the damages?

  • Landlord due to malfunction of the fireplace caused damage.

  • The tenants caused damage by inappropriate use.

  • The tenants caused damages by failing to notify me of a problem.


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RhondaK

New Member
Apr 17, 2018
6
Austin
Hello, I would greatly appreciate any opinions. Today I entered my rental home and noticed for the first time a heavy buildup of soot over the fireplace. The polyurethane finish is also damaged.

[Hearth.com] Damage to mantle.  Are tenants to blame? [Hearth.com] Damage to mantle.  Are tenants to blame? [Hearth.com] Damage to mantle.  Are tenants to blame?
It is a gas fireplace that was installed prior to my purchasing the house. I'm pretty sure there was no evidence of soot prior to the last week. I saw some ashes in there consistent with burning paper but it was very minimal. The logs had minimal suit on them. Is it even possible for a gas fireplace to cause the damage in these pictures? I need to decide whether to charge the tenants for inappropriate use and not informing me of a problem.
 
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Is the damper clamped open or removed? Or were they able to run it with damper shut? When was it last serviced and had you provided instruction on how to use it, or told them not to use it? Personally in my state I would probably not pursue damage compensation either way and then I would remove the gas logset and prohibit use of the fireplace in the lease. But that's largly because if tough courts on landlords in Massachusetts.
 
And are your glass doors pulled out or is that how they normally fit?
 
The doors are pulled out slightly. They may have been displaced while they were using it because it has become loose. I was unaware of this because they did not tell me there was a problem . They just kept using it because they thought it was an easy fix. There is a gap in the top.

It was an old house with extensive maintenance issues so I never did get to servicing the fireplace. Definitely should have. I'm not sure about the flu. I have put in my lease in a different house that any damage due to tenants not informing me of fireplace malfunction is their responsibility but I did not specifically have it in this lease.

Can a gas fireplace even cause this much sick?
 
Is that gas log set a vented or Non-vented unit?
What manufacturer & model is it?
Do you know how the tenants USED the fireplace?
With a gas log set, the doors are meant to be OPEN during the burning, unless they are PyroCeram, which is VERY pricey...
Tempered glass is the norm for fireplace doors & they can EXPLODE with too much heat.
I don't believe that is SOOT on your mantel, & unless it wipes right off...
If it DOES wipe off, then that is a sign of poor (or NO) draft...
I'd guess that wood got HOT & I'd say that happened because your tenants burned with the doors
closed in an attempt to get radiant heat from a Non-Heater-Rated appliance.
Gas logs work the same as wood burning in a fireplace.
Most of the HEAT goes up the flue. You will get some WARMTH from the flames, but not HEAT.
 
After more investigation, I determined that they used the fireplace repeatedly with the damper shut. It is an older vented model and I have no way to know what it is. I believe they had the doors open. I did a test and with the damper shut the wood gets very hot very fast. The finish is burned and probably the wood as well. They have taken responsibility for the damages. They did not notify me that there was a problem and kept using it. I was two blocks away and always respond ASAP when they have any issue. Now finding someone with the expertise and time to refinish the mantle has not been easy. I put a shut off valve in the gas line going to the fireplace and will replace it with a ventless. And make tenants sign off that they understand how to use a fireplace if I allow them to use it. I did that with my other house with a fireplace after this happened. And there is verbage in my leases now about damages due to fireplace use. Thank you for your input.
 
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I find it surprising the Damper wasn't clipped or locked open in some way. That is a requirement in all states with any vented gas log set. NO one should have been able to close that damper, once it was converted to a gas log.
 
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I will look into a clip. I considered removing it entirely. Neither the chimney sweep or the gas fireplace person mentioned a clip. I'm sure it was installed a long time ago. Thanks for the information. I am going to replace it with a ventless soon.