If our rental house has flooded twice in the last 5 months, what are rights when it comes to breaking our lease?

There are numerous maintenance issues with the property that we have encountered since moving in.

Asked on November 11, 2012 under Real Estate Law, Texas


M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Every tenant has the right to what is known as the "warranty of habitability". This is an implied right in every lease that gives a tenant the right to live in a clean and safe premises. Depending on the damage incurred as a result of the flooding, you may possibly be able to terminate your lease. However, you need to first consult with a landlord-tenant attorney before pursuing this remedy. If you fail to follow proper procedures, you could be held financially liable. At this point either hire a lawyer or contact a tenant's rights organization.

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