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Re: leaking bathroom causing damage downstairs by Katiekate (New York) on January 15, 2012 @12:01

                              
Nope... not a 'warrant of Habitability" issue at all....unless it is preventing tenant from Cooking, CLeaning, Heating. bathing.

So.. it depends on what room is below.

In most places it is going to be the kitchen down below..because a common wall with the plumping in it is the usual layout.

But..failing that.. I think they are just going to have it make sure they document their complaint..but..the court isn't going to see this as making the place uninhabitable.
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Re: leaking bathroom causing damage downstairs by Brenda (Texas) on January 15, 2012 @13:43 [ Reply ]
Yes! It's a 'Warranty of Habitability' issue and also a 'Sanitary Code Violation' here in Texas. Also Texas requires the Landlord to maintain the rental to all Codes. Failure can subject the landlord up to $2000 in fines. Texas has the Nations strictest 'Warranty Of Habitability' Codes. A Landlord is foolish not to repair or make sure it's repaired promptly and correctly. A Tenant can repair and deduct under Texas law, even move out voiding the lease in some cases. The Court System (Texas Supreme Court) has make this very clear as to the Landlords responsibility to repairs. Your definition of whats a Habitability Issue would land you in mighty big trouble here!

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