Legal Question in Landlord & Tenant Law in Texas

being sued for damage to rental

First off, being sued for a ceiling(which I repaired), damage to carpet, the carpet was used when we moved in 9 yrs ago. and damage to wall in shower.

My questions are, do we have a leagl leg to stand on against paying for carpet? And were we right in repairing a water damaged ceiling?

If we do go to court and the judge sides with the previous landlord, if we are ordered to pay damages, how do we pay? all at once or work out a payment method?

Asked on 2/04/07, 5:26 pm

2 Answers from Attorneys

Sharon Campbell Sharon K. Campbell

Re: being sued for damage to rental

You are only obligated for repairs beyond ordinary wear and tear. If you occupied the property for 9 years and the carpet was not replaced during that time, I don't how the landlord can hold you responsible for it. As to the ceiling, what caused the water damage? If you did not, then it seems to be a repair the landlord is responsible for. As in most trials, it will probably come down to issues of proof, what evidence is there of repairable issues, etc.

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Answered on 2/04/07, 5:33 pm
Johm Smith tom's

Re: being sued for damage to rental

If you can not pay a damage award completely at once, then you would make payments. But I agree that it doesn't appear that you should have to pay anything. Your landlord should reimburse you for the costs of repairing the ceiling, as long as you didn't cause the damage and the rug would have to be replace before the landlord could legally rerent the apartment anyway. You should consult an attorney, even a lawyer's letter to your landlord might end this issue. Good luck! I could write a letter but I wouldn't be able to get to court if you wanted to sue to recover the cost of ceiling repairs, and it does always come down in court to what you can prove and how believable the witnesses appear.

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Answered on 2/04/07, 6:21 pm

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