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Richard
Richard, Lawyer
Category: Real Estate Law
Satisfied Customers: 55307
Experience:  32 years of experience as lawyer in Texas. I'm also a Real Estate developer.
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I've been living here year! My basement has flooded almost

Customer Question

Hi I've been living here for 2 year! My basement has flooded almost every month since I've been here! We have had Carbon monoxide in this house & we didn't even know this house was condemned bf we moved in both of our doors are broke been broke & the ceilings falling in I pay about 200.00 for electricity & for the past 2 months since May 12th and still now our basement is flooded & has species all on the floor very gross! Is they're anyway I can get some of my rent money back? Please let me know(###) ###-####Just in case!
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Richard replied 1 year ago.

Hi! 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 1 year ago.

You absolutely have recourse. here. 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. Given your multitude of problems, you have clearly not been 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.

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