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Dwayne B.
Dwayne B., Attorney
Category: Real Estate Law
Satisfied Customers: 32348
Experience:  Began practicing law in 1992
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I have renters in a modular home, recently they informed me

Customer Question

I have renters in a modular home, recently they informed me there was a leak in the secondary bathroom, bath tub. The leak has caused damage to the insulation under the flooring. Am I responsible for fixing the damage? I am guessing I am responsible to
replace the cracked tub. At the time I was informed of the leak, I sent a plumber, but since
the leak is caused by the crack in the tub, it was not covered under the home warranty I carry.
Submitted: 2 months ago.
Category: Real Estate Law
Expert:  Dwayne B. replied 2 months ago.

Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to assisting you today.

Customer: replied 2 months ago.
Great.
Expert:  Dwayne B. replied 2 months ago.

As a general rule, yes, the landlord is required to fix any problems with the rental property that can cause the rental property to be not fit for habitation. With a situation like yours, it's likely the renters are going to ask you to fix it due to worries about mold.

Expert:  Dwayne B. replied 2 months ago.

You occasionally see a lease/contract which states that the renter is responsible for all repairs while they are there but that is unusual and many judges won't enforce that provision unless the landlord shows the renter was receiving some kind of discount or special pricing for agreeing to make repairs.

If your question has been answered then I'd offer my best wishes to you and ask that you please not forget to leave a Positive Rating so I receive credit for my work. Of course, please feel free to ask any follow up questions in this thread. I want to be sure that all of your questions are answered.

Customer: replied 2 months ago.
I cannot afford to have it fixed. I want to terminate the existing lease (month to month). Do they have no liability for
cracking the tub?
Expert:  Dwayne B. replied 2 months ago.

No, not unless you can prove they did something inappropriate to crack it. For instance, if it had a clear mark where it was struck by a hammer or they told you they had dropped a hammer on it and it cracked.

Expert:  Dwayne B. replied 2 months ago.

If they agree to move then there's no issue although you still would have to repair the situation before renting it again.

If you have to evict them you can find all of the information and forms about that at http://texaslawhelp.org/issues/housing/eviction?gclid=Cj0KEQjwg8i_BRCT9dHt5ZSGi90BEiQAItdjpMTXUY5AFmJulzkIREI3SbYySZvpONz1PEk7Jj6i548aAiBv8P8HAQ

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