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Richard, Lawyer
Category: Real Estate Law
Satisfied Customers: 55467
Experience:  32 years of experience as lawyer in Texas. I'm also a Real Estate developer.
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I've rented a house on the lake 7 day week, Saturday

Customer Question

I've rented a house on the lake for a 7 day week, Saturday to Saturday. I sign a contract and pay a month in advance. WE get hear unload the boat and jet ski and unpack while putting the corn hole boards in the front yard, we find out the owners are living in the basement that over looks the lake and they are 10 feet from our corn hole boards. Our plan was to fish and ski during the day and play corn hole at night but that limited our plans. I went back and read the contract and there was no mention of anyone being here. They use the dock, yard, and house as they please. I told the lady I didn't appreciate them being here and they were invading & limiting my family vac. All she did was say she was sorry and walk off. What can I do about this situation. I would not have rented this place if I had known about them. They are in there late 70s and have a dog /barking alarm clock at 6 in the morning
Submitted: 2 years ago.
Category: Real Estate Law
Expert:  Richard replied 2 years ago.
Hi! My name is ***** ***** I look forward to helping you!
You do have recourse here. They clearly misrepresented the situation and have deprived you of the exclusive peaceful and quiet enjoyment of the rental premises to which you were legally entitled absent specific language in your lease. By doing so, they have deprived you of your rental bargain. And, it seems pretty clear that they failed to mention their presence intentionally as they either knew or should have known that their presence would have had a material adverse impact on one's decision to rent the house. So, you are entitled not only to a refund of a substantial portion of your rent because you did not receive the full benefit of your rental bargain, you can also include a claim for fraud and deceptive trade practices due to the misrepresentation which will entitle you to punitive damages of multiple times your actual damages.
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