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Richard, Lawyer
Category: Real Estate Law
Satisfied Customers: 55725
Experience:  32 years of experience as lawyer in Texas. I'm also a Real Estate developer.
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My mother, age 91, has been living in current residence past

Customer Question

My mother, age 91, has been living in current residence for the past 30 Years. Over the last several years, her home has been inundated with water, which has resulted in several structural damages as well as mold and mildew infestation. The county is aware of this and attempted to settle on one occasion by asking my mom to leave the property and they would give her the tax assessed value of the home. My mother said no because the problem that causes the flooding can be fixed and she wants to stay in her home. Next, the county has turned the case over to their liability insurance agency. They are attempting to offer a modified restoration of the home w/o addressing all the damages that have resulted over years of neglect on the part of the county.
Question: Can my mother seek any damages over just the repair of her dwelling? She will be asked to leave for at least six weeks while the repairs are being done if she were to accept this latest offer w/no compensation for anything else.
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Richard replied 1 year ago.

Good afternoon. My name is ***** ***** I look forward to helping you.

The county has clearly indicated liability by agreeing to pay for the remediation of the repairs. Part of the damages connected with the liability is the loss of habitability while the property is being repaired. Thus, the county is obligated to pay for your mother's room and board during the period it takes to make the repairs. In addition, it would be reasonable to ask for additional compensation for the fact that while she has been waiting for this to get resolved, she has not been afforded the full enjoyment of her premises that suffered damages. The county is likely to have insurance for this event and included in any insurance policy where there is a deprivation of habitability, the insurance policy covers the cost of room and board.

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