Does she have to pay?

My tenant that lives in my home since december just told me today that she wont
be paying rent because she has rodent in the home. I told her that I, that lived
there for four years, had never issues but we will send someone out to check. We
did a home inspection before twice because we had several issues with her and
never saw a cockroach or mice.

Asked on July 2, 2016 under Real Estate Law, Texas


S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

If there isn't a rodent infestation, the tenant is in breach of the lease for withholding rent.
If there is a rodent infestation, the tenant can withhold rent because a rodent infestation constitutes a breach of the implied warranty of habitability.  If the tenant moves out due to a breach of the implied warranty of habitability, the tenant can terminate the obligation to pay rent for the balance of the term of the lease.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.