State Specific Question About: OREGON (OR)

Pipes froze due to cold weather in Bend, OR, on 1/26, and when my tenant returned, after flushing the toilet, the pipes broke and flooded the house. He called the water company, who turned off the water 20 minutes later, according to his estimate. Plumbers have now fixed the pipes, and the water is back on. Carpets are on order and will be installed in a couple weeks.

My tenant has renter's insurance and I have home-owner's. He seems to be thinking of withholding rent because he is not sure who's fault the water damage is. He wonders if lack of a water shut-off valve amounts to negligence on my part.

Is he right? I think my insurance guy told me it doesn't matter who is at fault, but that the coverage applies either way.

The tenant called the water company and they turned off the water 20 mins later?

Did the tenant not call you? Did they call you and you told them there was no water main shut off valve? If so then you as a landlord need some education. If a well how to turn off the well pump. Not a well if the city was called. So you need to know how to turn off the water at the street as does your tenant.

You are not responsible in either case as the tenant is responsible for the heat of this unit correct?

Pipes don't freeze when the heat is on.

You posted:

"and when my tenant returned,"(returned from where? was he gone for a while and did not winterize the dwelling? or heat it? Then it's his fault. I would not be dinging my home owners insurance for this. It's the renters fault not yours.) "after flushing the toilet, the pipes broke and flooded the house. He called the water company, who turned off the water 20 minutes later, according to his estimate. Plumbers have now fixed the pipes, and the water is back on. Carpets are on order and will be installed in a couple weeks"

This is the tenants fault not yours. From the post facts you have presented. There is no question if you are at fault or not. You as the LL are not at fault. The tenant is at fault for all of this. The cost of repairs and all. Not the LL.

As a side note:

When I sign rental documents and do the move-in check list. I give the tenants the keys as the last thing I do before leaving.

I walk them around the property and have them test their keys. Show them where the electric meters are. The gas meters. The phone main access panel is to the building. The cable main box. Where I will allow a dish to be installed with PRIOR WRITTEN AGREEMENT. The laundry room. The water shut off for the building at the street. The water shut off for the building on the building it's self. The shut off for their toilet for their sink in both the bathroom and the kitchen. The Gas BBQ that I provide for the tenants use. Only in that area which the bbq is chained down so there is no question. Point out the fire extingishers location on the property and the extingisher mounted by the stove in every dwelling. The smoke alarms work and have them test them.