DoI have grounds to break a lease if the water heater flooded my apartment?

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DoI have grounds to break a lease if the water heater flooded my apartment?

I just moved in 2 weeks ago. I signed a 6 month lease. Water heater broke and flooded my living room carpet and kitchen tile. I was told they will not replace carpet or tile. They came in, pulled the carpet back, plugged 2 huge fans in (my electric bill ) and told me to leave them plugged in. They told me that they would be back in couple of days to see if it was dry enough to put the  carpet back down. My apartmentnow stinks terribly and feel it could be a health hazard. I asked to transfer to another unit and was told no.

Asked on August 7, 2011 Texas

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

If you are concerned about your health due to the problems with the water heater and the resulting flooding, contact you local health department as well building and permit department about the conditions of your rented apartment since your landlord has turned a deaf ear to your concerns.

Assuming that you are able to obtain an inspection of your rental unit by a governmental entity, a written report is prepared and the report refernces potential health and safety issues with your apartment due to the water intrusion issues, you will be in pretty good position to terminate your lease due to health a safety issues.

Potentially mold spores could be activated by the water intrusion which depending upon your bio-chemistry you could be allergic to triggering health problems.

You should also contact your local landlord tenant clinic about the water intrusion situation regarding your unit.

Right now you do not have grounds to break your lease but depending upon reports by the above suggested entities who may inspect your unit, you may be able to terminate it.

Good luck.

 

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

If you are concerned about your health due to the problems with the water heater and the resulting flooding, contact you local health department as well building and permit department about the conditions of your rented apartment since your landlord has turned a deaf ear to your concerns.

Assuming that you are able to obtain an inspection of your rental unit by a governmental entity, a written report is prepared and the report refernces potential health and safety issues with your apartment due to the water intrusion issues, you will be in pretty good position to terminate your lease due to health a safety issues.

Potentially mold spores could be activated by the water intrusion which depending upon your bio-chemistry you could be allergic to triggering health problems.

You should also contact your local landlord tenant clinic about the water intrusion situation regarding your unit.

Right now you do not have grounds to break your lease but depending upon reports by the above suggested entities who may inspect your unit, you may be able to terminate it.

Good luck.

 


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