Tenant Rights For Plumbing Issues
Summary
Persistent plumbing issues at a rental property can justify lease termination under Texas Property Code §92.056. Tenants may also seek reimbursement for uninhabitable days. Consulting a lawyer is advisable for further action.Full Conversation
I am writing to seek your legal advice and assistance regarding the persistent and severe plumbing problems at our rental property located at * Wallbrook Dr. that have been ongoing since April *, *. Despite numerous attempts to address these issues, including * phone calls to the landlord's office and * formal maintenance requests, the problems remain unresolved and have significantly impacted our ability to reside at the property.
The recurring plumbing issues, such as sewage water backing up into the tub, clogged toilets, and sewage overflowing into the front yard whenever we use essential facilities like showers, toilets, or laundry, have created a serious health hazard. These problems have rendered the property uninhabitable and pose significant health and safety risks to us as tenants.
Due to the persistent nature of these plumbing failures, we were forced to vacate the property for a total of 24 days in April and May, relying on the hospitality of friends and family. This situation has been a major inconvenience, increasing our daily commutes and expenses, particularly related to caring for our pets.
In accordance with Section *.* of our lease agreement and Texas Property Code §*.*, we are formally requesting the following:
Lease Termination: We request to terminate our lease agreement effective June *, *, due to the landlord's failure to remedy the persistent plumbing issues affecting the habitability and safety of the property.
Compensation for Uninhabitable Days: We seek reimbursement for rent for the days the property was uninhabitable due to plumbing failures—17 days in April * and 1 day in May, totaling $*,*.* based on prorated daily rent.
It is important to note that the plumbing issues remain unresolved, despite our last maintenance request being marked as completed. We have not received any further communication from the plumbers or the management company since then.
As tenants, we believe termination of the lease is warranted under Texas law, given the severity of the plumbing issues and the lack of resolution despite our adherence to lease procedures. The management company told us we have no right to terminate our lease and are unsure how much they are willing to reimburse us. We pay $* a month in rent
Hello ****,
Based on the Texas Property Code, Section *.*:
- Landlords are required to make a diligent effort to repair problems that materially affect the health and safety of an ordinary tenant.
- If the landlord fails to do so, the tenant may be entitled to:
- terminate the lease,
- have the problem repaired and deduct repair costs from rent,
- or get a court-ordered repair.
Have you given written notice to the landlord about the issues?
Based on the Texas Property Code, Section *.*:
- Landlords are required to make a diligent effort to repair problems that materially affect the health and safety of an ordinary tenant.
- If the landlord fails to do so, the tenant may be entitled to:
- terminate the lease,
- have the problem repaired and deduct repair costs from rent,
- or get a court-ordered repair.
Have you given written notice to the landlord about the issues?
I can’t read the full messagw
I'm sorry you're having trouble reading the full message. You asked about your rights as a tenant in Texas. You have the right to terminate the lease if the landlord fails to repair serious issues affecting health and safety, provided you've given a written notice. Have you done this?
Yes we’ve given written notice
Given that you've provided written notice, you may proceed with lease termination. You can also sue for the days the property was uninhabitable. Consulting a lawyer might be your best next step.