Legal Question in Landlord & Tenant Law in Texas

Rental Lease

Hi,

My husband and I rented a home for about 5 months and then there the toilet flooded upstairs leaving fecis and urine to go through the ceiling ruining our stuff in the living room. We took care of our stuff with renters insurance but after asking them numerous times to fix the ceiling due to mildew and just being unhabitable they did not do so so we moved out after living there for 4 months with the ceiling not being fixed. We left 4 months early due to this now they are trying to take us to court for the rest of the money on the lease. We left the house in immaculate condition and we agreed that they keep the $1700 deposit since we were leaving early. In the lease it specifically says they are to keep the house in good condition. Do I have a leg o stand on?


Asked on 7/08/09, 12:30 pm

2 Answers from Attorneys

TC Langford Langford Law Office

Re: Rental Lease

Maybe -- the case rests primarily on the terms of the lease. Did your negligence cause the damage?Depending upon the lease terms, the repair may make you responsible. If not, did they agree to make the repair, but never did? Is there written evidence of their agreement to pay? Do you have evidence that the failure to repair resulted in an uninhabitable dwelling? That it was unsafe in some respect?

Read your lease, and read the tenant/landlord primer provided by the Texas Attorney General.

Read more
Answered on 7/09/09, 1:49 pm
TC Langford Langford Law Office

Re: Rental Lease

Maybe -- the case rests primarily on the terms of the lease. Did your negligence cause the damage?Depending upon the lease terms, the repair may make you responsible. If not, did they agree to make the repair, but never did? Is there written evidence of their agreement to pay? Do you have evidence that the failure to repair resulted in an uninhabitable dwelling? That it was unsafe in some respect?

Read your lease, and read the tenant/landlord primer provided by the Texas Attorney General.

Read more
Answered on 7/09/09, 1:50 pm


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