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Updated about 4 years ago on . Most recent reply

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12
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Kevin Patrick
  • Texas
1
Votes |
12
Posts

Rent credit for no water?

Kevin Patrick
  • Texas
Posted

One of my houses was hit hard by the Texas freeze, with the main water pipe broken in several places.  I finally got my spot in a plumber's long work list and they replaced over 80' of pipe.  

The house was without any water for 5 days (and that was a single potable source outside), and without hot water for almost 2 weeks.  My insurance company said they will cover lost rent due to the emergency.  I don't have any specific text in the lease about crediting or reducing rent payments under these circumstances.  

In Sec. 92.008. INTERRUPTION OF UTILITIES. "...unless the interruption results from bona fide repairs, construction, or an emergency."  It seems like there is no state law basis for rent credit for no utilities and that I satisfied my duties as landlord.

I can't be the only landlord in this situation in Texas right now.  Several college students have been relocated to different apartments because of similar issues.  I didn't have another house to move these tenants.  

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User Stats

12
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1
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Kevin Patrick
  • Texas
1
Votes |
12
Posts
Kevin Patrick
  • Texas
Replied

Originally posted by @Jerel Ehlert:

You can't claim "loss of rent" on insurance AND charge tenant full rent.  That's insurance fraud.  Assume someone will blab to the tenant or the carrier.

You already have a claim on insurance, figure out what insurance will pay out for lost rent and give that as credit to the tenants.  In this case it LITERALLY costs you nothing to not be a dick.

Thank you, Jerel.  At the time I posted this, the rent credit question was just part of a conversation with the insurance agent.  I had not experienced it, either as a renter or landlord, and did not know that it was a normal course of business in these situations.  I knew that loss of rent payments was covered under my policy, but this situation is not detailed in my lease and wondered if it was provided for by law.  I still do not know if it is law or not, but did receive notice from the claims agent that I will be receiving funds and I will pass those on to my tenants.  I had no intention of pocketing the money.

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