Frozen Pipes Burst - Who's Responsible?

[Dan Shelhamer]

The other day I received a text form my tenant "I'm just returning from vacation, and it appears the water inside the house was frozen from the tips of the faucet, and I believe the pipes froze and possibly busted".  

Well, I had a plumber go out to fix the issue, which was 9 busted pipes, and luckily he got to it before the water in the crawl space reached the furnace.  The plumber informed me that there is a vent in the crawl space so if the furnace was on this should have never happened.  The tenant told me he turned the furnace down when he left for vacation, but that it was on.  I paid for the repair which was $1800, but does anyone have any experience with this?  I told the tenant afterwards what the plumber told me, and that the thermostat needs to stay above 65 degrees if they ever leave the house again.  

Does anyone have any similar experiences and is this something I should put in my lease to cover this in the future?  I feel like it's almost an impossible situation to win.  It's basically my word vs. the tenant's.

[Wesley W.]

@Pat L. am I misunderstanding your comment? 55 degrees F is quite a bit above the freezing point of water.

My one burst pipe was a PEX push-fit connection which was entombed inside a void between a layer of new flooring and and an older floor.  Was not fun.  Took me hours to get to it.

@Dan Shelhamer Here is the part of my lease that addresses your concern:

______ 5. UTILITIES: Water and sewer service and curbside trash removal are provided to you. You must obtain and pay for all other utilities. We are not liable for interruption or malfunction in service. You may not occupy your apartment without electric service except during brief interruptions beyond your control. Electric and natural gas service may not be discontinued while you are in possession of your unit. A minimum temperature of 55 oF must be maintained inside your rental unit at all times; damage to the property resulting from you not doing so is your sole responsibility.

This $1800 payment might be "tuition" for the next time, when you'll have yourself covered in your own lease.  Good luck!