Legal Question in Landlord & Tenant Law in Texas

Landlord says we're responsible for tree roots in sewer

We are renting a house. A few days ago, the sewer backed up into the front yard, (at on overflow site, into the washing machine drain pipe, etc. the landlord was out of town, called his repair man, who sent a sewer/plumbing co. which came and ''snaked-out'' the drain. The plumber said tree roots in the drain. the landlord was mad, said ''the tenants are respons. for the sewer lines.'' the prob could NOT have been tree roots, the pipes are thick, plastic PVC pipe, and tree roots cannot get in. he said lease says we are respons.for sewer lines. my copy of the lease, says the foll:DRAINS TO BE KEPT OPEN BY TENANT. We now have sewage from the dish. and garb. disp. back. into the backyard. Isn't a landlord req. to keep the plumb.of a rent prop in good working order? At what point do the tenants become respons.for tree roots? We pay 1,000.00+ a month rent. Should we withold rent until our sewer system is repaired. The landlord also has an 800.00 security deposit which he says is for damages or repairs to the property. Anyone have any advice? Thanks!


Asked on 11/26/03, 12:35 am

1 Answer from Attorneys
Cheryl Rivera Smith The Smith Law Firm

Re: Landlord says we're responsible for tree roots in sewer

Never, I repeat, never withhold rent. That is not your remedy for this type of problem. You will need to either work out your problem with your landlord or sue him or her in small claims court (with evidence of the sewer problem, diagnosis, proof or payment, etc.) It is a small filing fee (usually under $100) and be sure and show up for the hearing, your you will automatically lose.

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Answered on 11/26/03, 9:49 am


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