The landlord broke the water pipe to the kitchen and refuses to repair it. Can I terminate the lease agreement on this ground?
Full Question:
I live in a rented house in Texas. I pay the electricity and water bills as agreed between me and the landlord when we signed the lease. Recently I had an argument with my landlord over something and the very next day he broke the water pipe that connects to my kitchen and now I am not getting water supply in the kitchen. Although my landlord apologized and agreed to get the pipe repaired he has not done anything about it thus far. I want to leave this house and go somewhere else. Can I terminate the lease in this scenario?
02/09/2017 |
Category: Landlord Ten... ยป Repairs |
State: Texas |
#31841
Answer:
Tex. Prop. Code § 92.008 reads:
“(a) A landlord or a landlord's agent may not interrupt or cause the interruption of utility service paid for directly to the utility company by a tenant unless the interruption results from bona fide repairs, construction, or an emergency.
(b) Except as provided by this section, a landlord may not interrupt or cause the interruption of water, wastewater, gas, or electric service furnished to a tenant by the landlord as an incident of the tenancy or by other agreement unless the interruption results from bona fide repairs, construction, or an emergency.
***
(f) If a landlord or a landlord's agent violates this section, the tenant may:
(1) either recover possession of the premises or terminate the lease; and
(2) in addition to other remedies available under law, recover from the landlord an amount equal to the sum of the tenant's actual damages, one month's rent plus $ 1,000, reasonable attorney's fees, and court costs, less any delinquent rents or other sums for which the tenant is liable to the landlord.”
Thus, you may terminate the lease as your landlord has interrupted the water supply for which the payment was made by you directly to the utility service provider.
