What should I respond to my landlord when he doesn’t want to fix damage from a water leak?

UPDATED: Sep 19, 2011

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What should I respond to my landlord when he doesn’t want to fix damage from a water leak?

I am renting a home and live here with 3 small children. The pipe behind the wall under the sink started leaking. No telling how long it had been because last month I showed the landlord the buckling kitchen floor but he shrugged it off by saying he though that, “It was already there.” after that water started coming out under the sink so he had his dad come look at it and then a plumber came over and cut hole in side of house to stop it from leaking. The hole is all the way through house. Then the insurance adjuster came few days later. The house is starting to smell like mildew and knats and flys are bad. I texted the landlord to see what insurance had said. He texted back saying, “As far as the house goes we didn’t get as much money as I feel like we should have our deductable is a $1,000 that we don’t have. So far as fixing it I don’t think we will right now. What should I respond to landlord because I feel it is important to have the water damage fixed?

Asked on September 19, 2011 under Real Estate Law, Texas


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

Under the laws of all sattes in this country, a landlord is required to provide his or her tenant with safe and habitable premises. The water intrusion issue that your landlord is aware of at his property that he has failed to try and fix in a quick manner has the possibilty of causing health issues for you and your children due to resulting mold and flies.

I would write the landlord one more letter giving him a due date to get the water intrusion fixed. Keep a copy of this letter for future reference.

If not fixed by then, contact the local building an permit department as well as the local health department asking for an inspection due to possible dangerous and unsafe conditions. If the landlord is cited by these entities, you will get the repairs done quickly.

In the interim, you should consult with a landlord tenant attorney.

Good luck.

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