A tenant notified me yesterday that his water heater stopped working.
I was able to get a repairman to the property today, but the water heater requires a part that won’t arrive until tomorrow.
The tenant is very upset and wants the landlord to pay for a hotel room for tonight.
Is the landlord obligated to do this?
Nothing in the Texas Property Code or the Texas Association of REALTORS® Residential Lease requires the landlord to put the tenant in a hotel while repairs are being made.
A landlord is not obligated to provide alternative housing for a tenant based on a needed repair, even if that repair relates to a condition that could be construed as materially affecting the physical health and safety of the ordinary tenant.
If the landlord had failed to make a diligent effort to remedy a condition that materially affects the physical health and safety of an ordinary tenant, the tenant’s remedies can be found in Texas Property Code § 92.056.
Posted on February 22, 2013 by Texas Association of REALTORS®