How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Richard Your Own Question
Richard
Richard, Lawyer
Category: Real Estate Law
Satisfied Customers: 55143
Experience:  32 years of experience as lawyer in Texas. I'm also a Real Estate developer.
17027240
Type Your Real Estate Law Question Here...
Richard is online now
A new question is answered every 9 seconds

My leased home had a water leak, the management company came

Customer Question

my leased home had a water leak, the management company came in with contractors, ripped up the wood floors and carpeting, opened 12 inch vents thru the walls left a mess and dust thru out the house, said they wood clean up the mess. its been 17 days nothing was done, i tried to stay in the home but the dust got to me, i find it unhealthy, uninhabitable to live in . i sent a certified letter and they replied, all the appliances work and therefore ok to live in and demand the lease stay in effect, its not healthy to live in this environment . they don't have a repair plan in place as of today
what do i do
Submitted: 10 months ago.
Category: Real Estate Law
Expert:  Richard replied 10 months ago.

Hi Joe. My name is ***** ***** I will be helping you today! It will take me just a few minutes to type a response to your question. Thanks for your patience!

Expert:  Richard replied 10 months ago.

Your management company is "smoking dope." They don't get to make up the legal rules to suit their situation. You absolutely have recourse here. As you are already aware, with every rental comes the implied warranty of habitability, which includes the tenant's right to the safe, healthy, peaceful and quiet enjoyment of the rented premises. It is not limited to whether the appliances work or not. That's ridiculous. You are clearly not being afforded such enjoyment of the premises....and therefore the landlord is in breach of the implied warranty of habitability. This puts the landlord in default. This gives you the right to terminate the lease and sue for damages, including the cost of moving plus include reimbursement of a portion of all prior rent to date to compensate for the reduced value of the rental property due to the reduced benefit of your rental bargain due to the inhabitability. Furthermore, although you have the right to terminate the lease due to the breach, you are not required to do so. Rather, you can file a claim against the landlord for damages due to this breach. Damages would include reimbursement of a portion of all prior rent to date to compensate for the reduced value of the rental property due to the problems, and to either reduce the rent going forward or pay you for temporary living expenses, at your option, until the problem is fully remediated.

Thank you so much for allowing me to help you with your questions. I have done my best to provide information which fully addresses your question. If you have any follow up questions, please ask! If I have fully answered your question(s) to your satisfaction, I would appreciate you rating my service as Good or Excellent (hopefully Excellent). Otherwise, I receive no credit for assisting you today. I thank you in advance for taking the time to provide me a positive rating!

Related Real Estate Law Questions