If the water was shut off ata rentaldue to a repair, is the landlord required to pay hotel fees for the tenant or provide alternate housing?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
If the water was shut off ata rentaldue to a repair, is the landlord required to pay hotel fees for the tenant or provide alternate housing?
Landlord states he was not obligated to pay fees for hotel when water was shut off for 3 days due to a water heater issue.
Asked on May 5, 2011 under Real Estate Law, Texas
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
The landlord probably does need to pay the *reasonable* cost (i.e. a "Motel 8," not the Ritz-Carlton) of tenants staying elsewhere when the water is shut off due to the landlord's action for 3 days. All leases have what's called an "implied warranty of habitability"; this means the premises must be inhabitable for their purpose (residence) and this includes water. If the premises is not inhabitable, then the tenant may have a cause of action and grounds to recover damages (compensation). However, whether as a practical matter it is worthwhile to sue the landlord--since that what you'd have to do to recover the money--over this is a different story. You may wish to speak to a landlord-tenant attorney to discuss the value, worth, strength, and cost of your potential case. Good luck.
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.