Legal Question in Real Estate Law in Texas

Two weeks ago our entire bedroom ceiling fell in on us while we slept. Luckily, our canopy kept any of the sheet rock from hitting us (this is especially lucky since I'm 5 months pregnant). We have requested that the homeowners that we rent from reimburse us $816 for one week of rent that we could not live there, and the cost of new bedding, since ours is filled with fiberglass insulation. The ceiling fell due to a contractors shoddy workmanship four years ago (he apparently tried to put up sheet rock with picture hanging nails) and was not an act of God. I think this should make the homeowner liable. He has asked us to get reimbursed through our renters insurance (which we don't have- I know... I know) and not pay anything. I'm not sure renters insurance would have even covered it though, since it wasn't theft or an act of God.

Our lease says that "unless caused by the landlord, Landlord is NOT responsible to tenant for...damages, injury, or losses to person or property..."

Can I prove that our ceiling collapsing and the subsequent property damage we incurred was "caused" by the landlord? Is he liable for the actions of the contractor he hired?


Asked on 9/23/10, 4:26 pm

1 Answer from Attorneys
Mark Dunn Mark D. Dunn

In a residential lease, there is an implied warranty of habitability that cannot be waived. It has nothing to do with damage to property; it has to do with whether or not you can live in the house.

Your landlord is the typical tight-fisted jerk of a landlord. Send him a demand letter (which should include a time limit - "If you do not pay us $816, which is the equivalent of one week's rent, on or before October 15, 2010, we will sue you"), and keep a copy. And then sue him for breach of contract.

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Answered on 9/29/10, 3:54 pm


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