Legal Question in Real Estate Law in Texas

I have a long question. I have a Mgmt. company to manage my property. They find my tenants. Back in January, my tenant was using a washer when it malfunctioned and sprung a leak. I own the unit. According to a maintenance report, a motor burned out. This caused water damage to the unit below. I do not have insurance, only hazard insurance.

The owner below was upset. I did not cover their sheet rock damages, which they estimated to be at about $1,400 last I heard. I was told my State Farm that even if I were covered, they would not cover his damages because there was no neglignece.

My mgmt. company said the tenant has named them and me in a lawsuit, though nobody has been served yet. They said I will be liable for their court costs because in a contract I signed with him, it says I have indemity (sp) for their costs and that they should be named on my Home Owners. I have no Home owners.

Am I truly liable for their costs? And does this guy have a valid claim?


Asked on 4/14/10, 6:35 pm

1 Answer from Attorneys

Cheryl Rivera Smith The Smith Law Firm

Yes and yes.

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Answered on 4/19/10, 8:54 pm


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