Legal Question in Landlord & Tenant Law in Texas

Obligation to pay full months rent?

I have a one year lease with my landlord that ends in July 2004. On July 1st 2003 I paid July's rent of $750. On July 4th I returned from vacation and found that a pipe in the bathroom had burst and the entire house was full of water. My landlord required me to move all my furniture into the house garage so he could air out the home and replace the carpet. My children and I stayed in a hotel for 18 days while they fixed the problem. Am I obligated to pay for those 18 days that I was not able to stay in the rent home? On August 1st do I have the right to pay my landlord half of the rent without the possibility of him trying to evict me? I have paid him rent on time for the past 3 years.


Asked on 7/25/03, 11:26 am

1 Answer from Attorneys

Cheryl Rivera Smith The Smith Law Firm

Re: Obligation to pay full months rent?

The short answer is: No, you cannot automatically deduct for your expenses. However, you do have a claim for the damages incurred and may be entitled to reimbursement. If you cannot work it out amicably with your landlord, you can file a claim and prove up your damages in small claims court. The filing fees are usually around $75.

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Answered on 8/05/03, 6:46 am


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