Landlord responsibility after sewer back-up in Houston

[Anna Dube]

Hi,  

I'm looking for general guidance on an issue I'm having at a rental property in Houston, TX.

Summary of the issue:

I have a three story (3 bed, 3.5 bath) SFH rented to 3 roommates in Houston, TX. The property is less than 3 years old and last night the sewer backed up into the 1st floor bathroom. Standing water seeped through the bathroom/closet walls into the garage, bedroom, and 1st floor living room (~500 sq ft of living space). The tenants called Roto Rooter to get a plumber out to the house. All drains were working properly so the plumber didn't snake the lines but then they called out Roto Rooter Restoration to begin the water cleanup/dry out/restoration. A neighbor three houses down called another plumber that did snake the line and he cleared a blockage as it tied into the city line but said that there is another obstruction going the other direction that they are putting a camera on tomorrow. All the houses were built at the same time and from what I've heard they are all tied into the same line into the city line. The same neighbor's house also flooded but the bathtub contained most of the sewage. I talked with Roto Rooter and another restoration company and am getting different advice so I'm hoping the BP community can help me sort through it. My insurance doesn't cover sewer back-up. Both restoration companies say that the insurance-level restoration would be extensive and require removal of all hardwood floors, baseboards, and drywall up to 2 ft. One restoration company is also recommending removal of all tile flooring and the tile shower. This same company says the tenants should not be in the house until all contaminated material is removed. The other company says that due to the anti-microbial spray that has been applied and the drying fans and dehumidifier that are currently running that it is safe for the tenants to be in the house. The tenants are currently staying at a hotel.

Questions I have:

1 - What are my responsibilities as a landlord to pay for hotel rooms until the contaminated material is removed?  What about providing a hotel room to the one individual that would be without a bedroom through all the extensive restoration? Does tenant / landlord law for Houston specify responsibilities for flooded home / sewer back-up?

2 - Is it safe for the tenants to occupy the house?  The stairwell is open to all three floors so this is why one restoration company says they shouldn't be in the house until all contaminated material is removed.  The other company says that it is safe to be in the house but that the individual should not sleep in the first floor bedroom while the fans/dehumidifier are working because it's noisy and warm. 

3 - Does anyone have experience with sewer back up and have a recommendation of how extensive the restoration needs to be?  Should I pay the 5k+ out of pocket to remove all flooring/drywall etc to remove all material where moisture has been present?  Should I make a call somewhere in between  removing obvious damaged materials, work to dry out walls and floors, and hope that I got enough that mold doesn't become a problem later.

4 - What liability am I opening myself up to if I don't do the insurance-level restoration?  I plan to sell the property at the end of the lease in 5 months.  If the buyer finds mold at a later time, can this come back on me?

5 - Given the extent of the damage/restoration needed, I'm considering trying to get the tenants to agree to end the lease early. Does anyone have any advice on what extent of concessions should I agree to?  For example should I agree to cover one month rent? What does tenant/landlord law require for early termination on my part?

6 - Does anyone have recommendations for real estate lawyers or anyone else I should talk with to understand my responsibilities and liabilities?

Thank you for all the help and advice,

Anna