Is my landlord required to pay for expenses that I incurred while not being able to use my home due to structural repairs?

Including lost wages?

Asked on September 10, 2012 under Real Estate Law, Texas


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

If you were denied use or possession of your home for some reason not your fault, your landlord should have to pay for additional living expenses you incurred during that time--e.g. the difference between your rent for that period and the cost of staying in a hotel or motel, if the hotel or motel was more expensive. It is not obligated to pay for lost wages, since there is no direct causal link between not using your home and not being able to work (nothing stops you from working while living elsewhere) and it's not sufficiently foreseeable that not living in your home would deprive you of the ability to work (people regularly work even while staying with friends, families, at a hotel, etc.).

If you caused the condition that required the repairs, the landlord does not owe you any compensation, and could even seek its own costs from you.

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