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My hot water heater has been out of service for over a week…

Customer Question
My hot water heater...

My hot water heater has been out of service for over a week and my landlord is aware and is not responding to any of my calls or text how should I proceed

Lawyer's Assistant: Because laws vary from place to place, can you tell me what state the property is in?

Texas

Lawyer's Assistant: Has any paperwork been filed?

No but he has sent someone to look at and the hot water heater therefore he is aware

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

No not at this time

Submitted: 10 months ago.Category: Real Estate Law
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Answered in 5 minutes by:
9/28/2017
Real Estate Lawyer: Law Educator, Esq., Lawyer replied 10 months ago
Law Educator, Esq.
Category: Real Estate Law
Satisfied Customers: 126,860
Experience: Licensed attorney practicing landlord-tenant, land use and other real estate law and litigation.
Verified

Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

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Customer reply replied 10 months ago
okay thank you
Real Estate Lawyer: Law Educator, Esq., Lawyer replied 10 months ago

Under Texas law, your lease provides that you are entitled to peaceable use and possession of a habitable premises, meaning that the landlord has a duty to make reasonable repairs to insure the premises is in livable condition. Not having hot water is a breach of that lease (even if it is an oral lease) is a breach of the lease and grounds to sue the landlord or to leave the premises and terminate the lease without penalty.

Since he has sent someone out, he must make the repairs in a "Reasonable time" which is held by the courts to depend on availability of parts and contractors to do the work. A hot water heater should not take more than 1 week to replace.

In the meantime, you can demand the landlord refund your rent for every day without hot water or to pay for you to go stay elsewhere during the time there is no hot water and if the landlord refuses, you can sue for breach of lease.

Please do not forget to leave positive feedback by clicking on the 5 stars at the top of your page, as the experts are not employees of the site and get no credit for spending time with customers unless they leave positive feedback. Thank you.

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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