Legal Question in Real Estate Law in Texas

If the hot water heater broke in a property (single family home) and caused the tenant to pay excessive gas bills 2 months in a row...is the home owner responsible for paying the tenants gas bills? In the contract that the tenant signed, it states that the tenant should inform the owner of any broken or damaged items and pay a $75 repair fee before the broken item is repaired. This tenant did not inform the owner of the property for 2 months after receiving 2 large gas bills. Never did the tenant pay a $75 repair deductible, but as soon as the owner found out about the problem, the owner repaired it the next day. Is the owner responsible for paying the 2 large gas bills for the tenant?

Thanks!

J.R Whiote


Asked on 3/23/10, 8:29 pm

1 Answer from Attorneys
Cheryl Rivera Smith The Smith Law Firm

No. The tenant's negligence in discovering the problem or delay in reporting the problem caused the high gas bills. One gas bill might be thought about, but not two! Sometimes the utility companies will adjust high bills if they have proof of repairs.

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Answered on 3/29/10, 6:49 am


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