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

Answers:

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.


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 AttorneyPages.com 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.